PSA: Stuff You Maybe Didn’t Realize You Can Back Up To AO3, And How To Tag it

straight-outta-hobbiton:

inu-fiction:

Tumblr seems to be in potential death throes or at least, incredibly volatile and unreliable lately, but we’ve done some pretty good and informative work on canon analysis and reference guides so I was looking for ways to back it up without losing it…and the solution became obvious to me:

Archive of Our Own, aka AO3. 

“What?” you might ask if you are less familiar with their TOS. “Isn’t that just a fanfic archive??”

No! It’s a fanWORK archive. It is an archive for fanworks in general! “Fanwork” is a broad term that encompasses a lot of things, but it doesn’t just include fanfic and fanart, vids etc; it also includes “fannish” essays and articles that fall under what’s often called “meta” (from the word for “beyond” or “above”, referencing that it goes beyond the original exact text)! The defining factor of whether Archive of Our Own is the appropriate place to post it is not whether or not it’s a fictional expansion of canon (fanfic), though that is definitely included – no, it’s literally just “is this a work by a ‘fan’ intended for other ‘fannish’ folks/of ‘fannish’ interest?” 

The articles we’ve written as a handy reference to the period-appropriate Japanese clothing worn by Inuyasha characters?  The analyses of characters? The delineations of concrete canon (the original work) vs common “fanon” (common misconceptions within the fandom)? Even the discussion of broader cultural, historical, and geographic context that applies to the series and many potential fanworks? 

All of those are fannish nonfiction!

Which means they absolutely can (and will) have a home on AO3, and I encourage anybody who is wanting to back up similar works of “fannish interest” – ranging from research they’ve done for a fic, to character analyses and headcanons – to use AO3 for it, because it’s a stable, smooth-running platform that is ad-free and unlike tumblr, is run by a nonprofit (The OTW) that itself is run by and for the benefit of, fellow fans. 

Of course, that begs the question of how to tag your work if you do cross-post it, eh? So on that note, here’s a quick run-down of tags we’re finding useful and applicable, which I’ve figured out through a combination of trial and error and actually asking a tag wrangler (shoutout to @wrangletangle for their invaluable help!):

First, the Very Broad:

– “ Nonfiction ”. This helps separate it from fanfic on the archive, so people who aren’t looking for anything but fanfic are less likely to have to skim past it, whereas people looking for exactly that content are more likely to find it.

– while “Meta” and “Essay” and even “Information” are all sometimes used for the kinds of nonfiction and analytical works we post, I’ve been told “ Meta Essay ” is the advisable specific tag for such works. This would apply to character analyses, reference guides to canon, and even reference guides to real-world things that are reflected in the canon (such as our articles on Japanese clothing as worn by the characters).  The other three tags are usable, and I’ve been using them as well to cover my bases, but they’ll also tend to bring up content such as “essay format” fanfic or fanfic with titles with those words in them – something that does not happen with “Meta Essay”.

– I’ve also found by poking around in suggested tags, that “ Fanwork Research & Reference Guides ” is consistently used (even by casual users) for: nonfiction fannish works relating to analyses of canon materials; analyses of and meta on fandom-specific or fanwork-specific tropes; information on or guides to writing real-world stuff that applies to or is reflected in specific fandoms’ media (e.g. articles on period-appropriate culture-specific costuming and how to describe it); and expanded background materials for specific fans’ fanworks (such as how a given AU’s worldbuilding is supposed to be set up) that didn’t fit within the narrative proper and is separated out as a reference for interested readers.

Basically, if it’s an original fan-made reference for something specific to one or more fanworks, or a research aid for writing certain things applicable to fanworks or fannish interests in general, then it can fall under that latter tag. 

– You should also mark it with any appropriate fandom(s) in the “Fandom” field. Just like you would for a fanfic, because of course, the work is specifically relevant to fans of X canon, right?

If it discusses sensitive topics, or particular characters, etc., you should probably tag for those. E.g. “death” or “mental illness”, “Kagome Higurashi”, etc. 

Additionally, if you are backing it up from a Tumblr you may wish to add:

– “ Archived From Tumblr “ and/or “ Cross-Posted From Tumblr ” to reference the original place of publication, for works originally posted to tumblr. (I advise this if only because someday, there might not be “tumblr” as we know it, and someone might be specifically looking for content that was originally on it, you never know)

– “ Archived From [blog name] Blog ”; this marks it as an archived work from a specific blog. And yes, I recommend adding the word “blog” in there for clarity- Wrangletangle was actually delighted that I bothered to tag our first archived work with “Archived From Inu-Fiction Blog” because being EXTREMLY specific about things like that is super helpful to the tag wranglers on AO3, who have to decide how to categorize/”syn” (synonym) various new tags from alphabetized lists without context of the original posting right in front of them.  In other words, including the name AND the word “blog” in it, helps them categorize the tag on the back end without having to spend extra time googling what the heck “[Insert Name Here]” was originally

Overall, you should be as specific and clear as possible, but those tags/tag formats should prove useful in tagging it correctly should you choose to put fannish essays and articles up on AO3 🙂

Oh, and protip sidebar for those posting, especially works that are more than plain text: you can make archiving things quicker and easier for yourself, but remember to plan ahead for tumblr’s potential demise/disabling/service interruptions.

The good news: You can literally copy and paste the ENTIRE text of a tumblr post from say, an “edit” window, on tumblr, straight into AO3′s Rich Text Format editor, and it will preserve pretty much all or almost all of the formatting – such as bold, italics, embedded links, etc!

But the bad news: keep in mind that while AO3 allows for embedded images and it WILL transfer those embedded images with a quick copy-paste like that, AO3 itself doesn’t host the images for embedding; those are still external images. This means that whether or not they continue to load/display for users, depends entirely on whether the file is still on the original external server! As I quickly discovered, in the case of posts copied from the Edit window of a tumblr post, the images will still point to the copies of the images ON tumblr’s servers.

What this means is that you should back up (save copies elsewhere of) any embedded images that you consider vital to such posts, in case you need to upload them elsewhere and fiddle with where the external image is being pulled from, later. 

Personally, I’m doing that AND adding image descriptions underneath them, just to be on the safe side (and in fairness, this makes it more accessible to people who cannot view the images anyway, such as sight-impaired people who use screen readers or people who have images set to not automatically display on their browser, so it’s win-win)

@cywscross @cywsaphyre @esamastation @starriewolf @any and all writers, this is relevant to us!

matador-cocktail:

naryrising:

lastoneout:

What ‘Fiction Affects Reality’ Does Mean: Major movies, TV shows, comics and books have a large cultural impact and can alter how we perceive issues like race, lgbtqa+ rights and environmental change as a society, and while this does not mean that all media should be ideologically pure, we should be critical of the media we consume and support in an effort to be progressive, as well as ensure that media is flagged with appropriate warnings and age recommendations.

What It Does Not Mean: A group of less than 1,000 people on the internet writing and enjoying a ship that is morally questionable is going to shape society to accept things like pedophillia and abusive relationships, and therefore we should waste time and effort on harassing those people in a meaningless moral crusade because they clearly are monsters who cannot differentiate between media and reality or see issues as black and white.  

I legit saw someone refer to AO3 as a “major media company” as their justification for why they should get rid of questionable fic, and all I can beg you is please, go outside once in a while if you think that a fanfic site, even a popular one, is a “major media company.”

m a j o r m e d i a c o m p a n y

bellsyblue:

minim-calibre:

fangasmagorical:

blooming-wilting:

gladnis:

hey ao3 can you like give the extra $38k you made from this month’s funds drive to charity

You know it legally is a charity, right?

If x charity aims for £10, but gets £15, would you expect then to give back the extra five or give it then to another charity? No. Any extra costs go into the “rainy day” fund; sometimes servers crash or break, sometimes false reports are made that require the legal team, sometimes you need to hire coders or what not to implement new features or fix bugs or deal with broken code … 

The money they aimed for is the bare minimum, which goes towards things like basic server costs and domain names and legal advice and so forth, but they don’t just “pocket” the rest (as people claim). It’s not a business. It has no advertisements. It needs some “rainy day” cash to function. 

You can’t ask a charity to give money to another charity. 

It needs what it gets to function and improve. 

kiena-tesedale replied to this post

They don’t “pocket” excess money. They have a
publicly accessible budget – waaaay more info than most charities, in
fact. In it, you can clearly see where each dollar goes. (Also, you are
vastly underestimating either how much traffic AO3 gets or how much
servers/hosting costs.)                    

In my experience, people who don’t work in web design and hosting just have no concept of how heavy a load something like AO3 would have. Not only is the traffic absolutely buck wild, but the quantity of data that archive needs to store is fuckoff crazy.
I’m talking “more than the library of congress” crazy. The only reason
it doesn’t require Netflix levels of data serving is that it’s text
based rather than video.

AO3 is in the top 300 websites in the world, and the top 100 in the US. It is the number 2 literature website.

Number 2 in the entire world. JSTOR is 20.

It sees about 6 million people a day.
About 250k an hour. Each of those people is loading multiple pages, many are running
searches that execute on literally hundreds of potential variables per
search. The demands involved are astronomical.

JSTOR, btw, makes 85 million dollars a year.

It’s 18 ranks below AO3′s traffic, and takes in 650 times the amount of money.

But let’s say you think that’s an unfair comparison. Would you say that the Project Gutenberg Literature Archival Group- another text based archive that handles literature operating outside traditional copyright requirements- is more similar?

Because it sees all of 4% of the traffic that AO3 handles.

Care to guess its budget?

Double that of AO3.

AO3 is doing shit on the kind of shoestring budget that I fully, 100% cannot comprehend. And that’s just the archival service.

The 130k also pays for the OTW’s legal team, which they use to defend the right of fandom to fucking exist.

It’s
absolutely batshit fucked up that people are fighting to have the OTW
defunded and AO3 shut down. They are the only organized group that
actually stands directly between fandom- all the art and the fics and
the vids and the music and the chats and the memes and everything we
love about interactive, transformative work- and an incalculable amount of lawsuits.

The number of people on this blue hellsite who apparently do not understand how nonprofits work is mind-boggling (pro tip: by definition, THEY DON’T MAKE A PROFIT), as is the number of people with no idea about the cost of running something that gets that much traffic.

Good education here for everyone.

lullabyknell:

mzminola:

Organization for Transformative Works / Archive of Our Own is doing their budget drive right now! It is super rad to have an ads-free website with a solid tagging and search system, and one that does legal help for defending fair use of copyrighted material.

As someone who lived through the Livejournal Strikethrough, and the sudden change in allowed works on Fanfiction-dot-net, I feel really strongly that OTW is an important, vital organization for keeping fandom open and thriving.

Please support them!

Absolutely! Running a website as big as Archive of Our Own is super expensive! But the Organization for Transformative Works is a non-profit dedicated to providing amazing services and support for fans everywhere. 

They even have really clear, simple Budget Updates summarizing exactly how they spend the money. You can find it – or their financial information in greater detail, if you so desire – here. (x) 

And if you didn’t know before now, the Organization for Transformative Works has a Frequently Asked Questions page! (x) If you’ve ever had a question on how the Organization for Transformative Works operates and where it came from, you should go give it a scroll through and get your answers on Archive of Our Own, Fanlore, or the other community work that they do, like the legal help mentioned above. 

If you can spare it, please consider donating. If not, you can still support them by finding out more about what it takes to run Archive of Our Own! 

I just realised through reading your blog that some poor person has to sort through all the Bullshit tags on fics on ao3. I don’t do that very often but I have done it a bit, I wanted to use your blog as a platform to apologise for doing it! I will be sure to only use the proper tags from now on unless there isn’t an appropriate tag already there. Thank you to all the people behind the scenes at ao3! And sorry again!

definitelynotscott:

ao3commentoftheday:

Thank you to all the people behind the scenes at ao3!

hear hear, anon! 

I’d like to point out that @wrangletangle, a wrangler, has said “Actually, you’re welcome to tag on AO3 like it’s tumblr! It’s fine. […] I
really want people to understand this and not use tag wranglers as a
prop for their own dislike of so-called “tumblr-style” tags (which
weren’t invented on tumblr – they were in use on livejournal and
dreamwidth and a bunch of other sites before tumblr even existed). For
wranglers, the length of a new tag is irrelevant.”

So, while I’m sure there are wranglers who dislike them (since personal taste varies), it is FAR from a universal opinion, and you shouldn’t feel bad about your tags. As I understand it, ambiguous names (Peter who? Parker? Quill? Pan?) are much more annoying and difficult to deal with.

Here’s a post about how to be kind to your tag wranglers, if you want to give them some love when you’re tagging, but you’re allowed to tag however you want (unless you want a a different capitalization scheme than the canonical tag in which case too bad it’s set in stone XD ).

calime33:

sassbandit3000:

nanshe-of-nina:

baratheon:

naamahdarling:

centaurianthropology:

olderthannetfic:

maleccrazedauthor:

bonibaru:

naamahdarling:

sulphur-crested-cocktease:

shidgephobe:

wrotemyown:

araceil:

denaceleste:

nwcostumer:

wrangletangle:

beatrice-otter:

tomato-greens:

joestrummin:

i didnt realise ao3 was started in response to lj deleting account relating to p//edophi|ia and they explicitly support the posting of such works yikes

it wasn’t, like, ~~~we luv pedophilia, it was way more complicated than that!

although it’s true AO3 does allow all fannish content provided it’s properly warned for, there’s a long history there – of spaces being used by fans until the host decided whatever we were doing was too weird and distasteful and either kicking us off, banning certain content, or changing the nature of the site until it was no longer viable as a host.

you’re referring to the LJ Strikethrough of 2007, which, being an ancient crone, I lived through, and since I was hanging out in the last vestiges of SGA and in bandom, I saw some of the fallout. this was before LJ was sold to the Russians (which is a whole ‘nother story), when it was still owned by Six Apart; in an effort to clean up LJ’s act, Six Apart decided to delete all accounts using tags like underage, incest, rape, etc.

this was supposed to get rid of actual child porn on the site, and I hope it did, but it also targeted fan communities. this was a problem for a couple reasons; for one thing, not every story tagged with these words is in favor of them; for another, these things happen to real people and these personal posts were also potentially in danger of being attacked; for the last one, look, I ain’t into this kind of fic but people write about what people write about, and if it’s fictional and not explicitly banned in the TOS (correct me if I’m wrong; I don’t think written content about this stuff was banned?) then it’s not cool for a content host to just start deleting communities without warning.

but that’s what happened! these deletions were also primarily targeting slash communities, which smacked of some serious homophobia since things were deleted that had nothing to do with any of this kind of content.

eventually someone found out it was this super conservative religious group who’d sent a list of journal names to Six Apart, and who if I remember correctly targeted slash fic on purpose, even after it became clear that the fic was, well, totally fictional. after a while, Six Apart admitted they’d made a mistake and started to reinstate journals, but all of fandom was pretty shaken up.

THEN Boldthrough happened, which was essentially the same debacle several months later, at which point fandom began its long slow migration from LJ to GJ, IJ, and eventually AO3, Twitter, and tumblr.

AO3 was opened in 2008 in response to several incidents, of which Strikethrough was a really intense one. remember, also, that back in 2008 the stigma surrounding fandom was significantly greater and more shameful than it is today, so finding hosts willing to archive fic was difficult unless someone had the dough to pay for server space – often not an option. this was also back when fanfic.net’s HTML restrictions were so great that users couldn’t use any special characters or bold or italicize anything, and it didn’t allow R-rated content, so it was clearly not ideal. in addition, although cease & desist letters were much less common than they were in the early 2000s and before, DMCA takedowns were still a phantom on the horizon.

LONG STORY SHORT, even though pedophilia is reprehensible and I personally cannot stomach fanfic that involves that kind of content, AO3 was founded specially as a safe space for fandom communities that could not find homes elsewhere. it requires warnings precisely for that reason, and if you find a story that is not properly warned, you can alert the admins and get the story labeled appropriately.

IDK, maybe it’s just because I am, again, ancient, but I was in and around fandom before homosexuality was legal in all 50 states. so were most of the people who started AO3. for most of my formative life, being gay was associated with pedophilia, and so was writing about gay characters. just – it’s a lot more complicated than you might expect, and there’s a reason many older fans who have been involved in several generations of fandom were so grateful to have AO3 as an option.

I don’t read, for example, Hydra Trash Party fics.  They squick me, and I generally feel they are pretty gross.  But writing noncon body-horror is not the same as saying “yeah, I totally want to go out and rape and torture people for years while brainwashing them!” or even “yeah, I wouldn’t do it myself, but it would be totally okay if someone did!”  Nobody is hurt by it, and nobody is going to be hurt by it.  So should I have the right to go, that is gross, you don’t get to write or read that?  No.

In the same way, writing about underage teens getting it on–sometimes with each other, sometimes with adults, sometimes consensually, sometimes not–is not the same as child pornography, nor does reading a fic about Hermione and Snape getting it on while she was his student mean someone thinks that would be a good and/or healthy thing in real life.

Fiction affects reality, but fiction is not reality.  And writing about something does not mean you want to do it in real life, or believe that anyone should.

Let’s take a closer look at that “Ao3 supports pedophilia!” shall we?

1) The only fics I have ever come across that had actual pedophilia (i.e. someone having sex with a child), it was clearly and explicitly abuse.  It was not meant to titillate or arouse.  It was meant to horrify.  It was seldom explicit.

2) There’s a lot more incest, but it is usually portrayed either as explicitly mutually consensual (i.e. Sam/Dean) or as abusive.

3) I’ve been in fandom for a decade and a half.  When people start getting upset at “omg pedophilia, think of the children!” the fics they are usually objecting to aren’t actually pedophilia.  Usually, it is teenagers having sex, especially queer sex.  And people don’t like that, and use pedophilia as an excuse to shame people for writing/reading sex they don’t like.

Let’s look closer at Strikethrough, shall we?  I hope that, if there were any communities of actual pedophiles on LJ, they got taken down, too.  But here are some of the communities that got taken down that were not in any way supporting pedophilia and/or rape and/or incest that got taken down:

1) at least one support community for survivors of sexual abuse.

2) a literary book discussion group that was reading Lolita.

3) lots of slash fanfic communities, for things like Draco/Harry fic set in their fourth year (when both boys would have been 15).

Basically, this very conservative “family values” group hated porn, and they hated queer stuff even more, and used “but think of the children, it’s pedophilia!” to pressure LJ to get rid of huge swathes of things they didn’t like.  And one time taking down the worst of it wasn’t good enough for them.  No, this was step one on a moral crusade.  If you acceded to their demands, all that did was whet their appetite, and soon they would be back with a new list of demands.  This is why the 2007 strikethrough was not an isolated event, but rather one of a series of events, nor was LJ the only website thus targeted.  It starts with anything that can get labelled “pedophilia” or “incest” because that’s low-hanging fruit.  But they use that to go after anything relating to queer teen sexuality.  Then anything with teen sexuality.  Then once the community is already divided and diminished, they go after anything with non-con.  Then whatever is next on their list.  It doesn’t stop until they’ve won the point and nothing but suitably “family-friendly” fics that match their purity test are allowed.

Which is why AO3 has no morality content in their terms of service.  You can’t break copyright beyond fair use (and AO3 has an expansive view of “fair use” and a team of lawyers on call).  You can’t use AO3 for commercial advertising.  And you can’t post ACTUAL child pornography, i.e. the things that are legally prohibited, i.e. actual photographs or videos of actual children (not teens) in sexually explicit positions–you know, the stuff that actually hurts kids.  Other than that?  It’s fair game.  You can post anything you want, and the archive will not judge.  There is no handle for the Moral Majority Family-Friendly Thought Police to latch onto, no cracks they can exploit to divide and conquer.

We’ve been down that road.  It doesn’t lead anywhere good.

Reblogging this for the excellent explanation of what exactly the moral crusaders did last time. They had an explicit agenda of anti-queerness, and they specifically targeted slash and femslash communities in particular, such that many ship communities became (or started as) deliberately members-only. You had to apply, and your personal blog had to look like a real person and a fan. You were vetted, a la 1990s private servers.

During this period, Dreamwidth was also targeted by attacking its payment processor. They had to get a new one. These “Warriors” (literally called themselves that!) were totally on board with destroying fandom as a side effect of destroying the parts of fandom they didn’t like.

If you’re carrying out harassment of people right now because they’re posting works with sexual elements you don’t agree with? (And it’s always sex, never non-sexual violence, how strange….) If you’re doing that, you’re also totally on board with destroying fandom as a side effect of destroying the parts of fandom you don’t like. Because your tactics are fandom-destroying, and so is your agenda.

reblogging because this is important: strikethru and boldthru and all the various “purges” that fandom went thru about 10 years ago: this had to do with OUTSIDERS deciding that fandom in general and fanfiction in specific were evil and needed to be destroyed; unless we were writing and shipping good vanilla M/F married people. These were outsiders, going after fictional writing about fictional characters.

AO3 and OTW are HUGE, because now we have an organization, with very smart women and a lot of lawyers, that have our back. Fannish history is important, people! It has not always been this way.

This is so, so important: there’s that other post about AO3 and fanfiction floating around, about our history. People decry violent video games but no one is trying to force companies out of business. But people can and do attack fanfiction: an activity primarily written by women for women, about fictional characters. And often about sex. We have to constantly defend ourselves, protect ourselves, support each other against charges like “paeodophilia”.

^^^rebageling again for excellent commentary

Throwing this in because I was also present: This was during the American Government’s attempts to pass censorship laws on the internet. As MOST of those domains had their serves in America, they were beholden to those censorship laws. A great deal of fanfiction.net was removed because they happened to lose a goddamn courtcase. I’ve been on the site since 2002. They may not have ‘officially’ allowed NC-17 rated content (what it used to be listed as in the filters), it never did a damn thing to remove it. Ever. They had it listed as a rating option during ‘New Story’ uploading after all. It was i nthe search filters. After they lost the courtcase however, they legally had to start doing things about the mature content reports they got. The admins and mods were not actively looking for fic to remove, they were just responding to reports they had already received. 

tl;dr – I know tumblr is all about black and white “you’re either all right or all wrong” thinking, but it’s important to understand what actually happened before going “ew ao3 was made to give pedophiles a safe place to post” because that is 110% not what happened.

This is why so, so many of the comparatively older fannish folks on tumblr like me are so vehemently against stuff like the anti movement and “all ships are valid UNLESS”. It smacks of censorship and content policing – and we’ve been there. We got our shit deleted and our accounts banned because someone else thought what we were reading or writing or talking about needed to just… not exist. No warning. Literally overnight. We just woke up and stuff was gone.

And yeah, the group was legit called Warriors for Innocence (or maybe of). I knew several people that were members of survivor/support groups that lost their groups – and their main support network – when Strikethrough happened (ten years ago holy shit).

You antis need to listen when us older fans tell you that the censorship you’re advocating for, when put into practice, is NOT a positive thing; it’s an extremely scary thing!

I can guarantee that you would be very, very upset if another event like LJ Strikethrough were to happen today because *you* are just as vulnerable as the rest of us! If you support the rights of marginalized groups of people, if you’re a slash or fem slash shipper, if you support gender identities that aren’t defined by biological sex, if you care about representation, if you support women, if you have any kind of kink, if you care about fandom in any capacity beyond its eradication, YOU DO NOT ACTUALLY WANT THE SORT OF CENSORSHIP YOU’RE ADVOCATING!!

People were terrified during Strikethrough.  I was there.  Communities were being shut down, individual users were being shut down.  People were losing access to their own fics, their feedback, their comments – a LOT went on in comments on LJ.  Think more coherent reblogs, much more personal, very widespread.  Comments were also very important, and in terms of networking/communicating, were absolutely critical.  

LJ was, for many people, central.  

It was a fundamental part of the infrastructure of fandom at the time.  

Having it attacked, having parts of your fandom’s territory just deleted like that, was very very scary.  People didn’t know who was next.  Every day, the list of stricken journals grew.  And not all of them came back, not all of them recovered their content.  Some people even voluntarily deleted their content as a form of protest.  It was a bad time.

You do not have to interact with fic that grosses you out or makes you uncomfortable.  Tagging is a thing.  And even outside of tags, you are responsible for curating your own fandom experience.  It is not right to expect it to be curated for you.  And it is not right to lash out when someone refuses to do so and expects you to walk away from things that do not concern you.

I was gonna say “things that don’t harm anyone” but I realize you can argue that.  If you get triggered, that’s upsetting.  That could be considered harm.  And I have sympathy for that.  I do.

I have run across fic that triggered me.  I have pretty specific triggers, and people don’t always think to warn for them because they aren’t that big a deal for a lot of people.  Or it’s sort of bundled into kink and is presumed, that if you’re okay with certain kinds of kink, you’re okay with this.  So I’ve been blindsided by it before.  And it sucks for a couple of days while I get over it.

That was not the fault of the authors! You could argue that tagging should have been used, and maybe it should, but ultimately that’s not an ironclad obligation.  It’s a tool people provide out of courtesy.

That was not the fault of the site!  The site is there to give authors a way to make fiction available, not to judge each work and interrogate its validity and make sure everything is tagged so that nobody has to see anything bad, ever.

That was not even my fault!  It was my responsibility to try to curate my experience, and I tried, but it wasn’t my fault because I didn’t deliberately set out to trigger myself.

When I get triggered, unless it is by a deliberate act, it is actually the fault of the people who hurt me in the first place! And I refuse to let them off the hook and blame perfectly innocent people who just wanna write their fanfiction! I may hate that fanfiction, but that is irrelevant to the question of whether or not people should be allowed to post whatever they want.

Also, some people cope by writing about fucked-up shit.  My best friend in the whole wide world has shared her fic with me, and HOO BOY it is messed up. She wrote it during a time in her life when she was in and just coming out of a horrifically abusive relationship.  I mean, it was exactly the kind of relationship all of us here on Tumblr love to hate.  She was married to a shitty, abusive man who preyed on someone younger than he was and used his influence over her to treat her in a way that would be right at home in that Lundy Bancroft book Why Does He Do That?  He was a real rapist, a verified grade-A bad fuckin’ guy.  (She was lucky to escape.  I have immense respect for her.)  And she wrote some fucked up fic to deal with it, and she shared it, and people were invested in it.  And because this was early 2000′s, she had to host it on a foreign server and cover her tracks, because at that time no-place was safe to post it.

“Yeah, but if she’s writing it for therapy, she doesn’t have to post it where other people might have to see it!” I hear you say.

But like … what the hell??? “Shut up, don’t talk about it, it’s bad to talk about these things, because these things are bad!” is something used against folks with trauma.

“This isn’t good for me, I can’t talk about this, I can’t be your audience for this,” that’s fine, those are boundaries that people with trauma use to defend themselves.  You should learn to say those things!  It will help you!

But expecting other people to never create and share art about trauma is just so thunderously oppressive I lack the ability to fully articulate it.

And nobody should have to disclose their history of trauma to prove their motives are pure or virtuous enough for their speech to be protected.  I’ve only really been able to openly say “I was assaulted, it was traumatic, I am a little fucked up from it” for the past couple of years, tops.  I couldn’t talk about it before that.  Couldn’t!  And it was over 20 years ago!

I also believe, very firmly, that you don’t need a history of abuse to find writing really messed-up shit satisfying, or to find reading it cathartic.  I believe 100% in the freedom of creative expression, and the freedom to read whatever fucked up shit you want to read.

All y’all fandom youngsters can spit nails all you want over gross rape fic, incest fic, whatever.

Fine, I don’t like it either!

But that fucked up shit?  That fucked up shit helped carve out the spaces we have today.  You don’t have to like it, but campaigning to get it deleted, harassing content creators, calling people rapists and pedophiles who have never done and would never ever do such a thing, that is not the way to improve the world, it doesn’t keep actual kids or teens or assault/rape victims safe.  It wouldn’t have made me feel safe when I was 16 and did’t want what was going on.  It doesn’t make me feel safe now.  I can say with the perspective of someone 24 years away from that event, it doesn’t make the world safer for people like I was.  It actually makes it worse.

Learn to steer clear of the messed-up stuff you don’t like.  It’s a skill, you get better with practice.  Have someone else vet stuff for you if you need help doing it now.

Everything that is sketchy and gross is not criminal, and writing about a thing is not morally the same as doing it.  Please stop acting like writing about an adult and a teenager having really questionable, gross sex is as bad as the actual registered sex offender they caught hanging around an actual elementary school two neighborhoods over from mine, just trying to talk to the kids.  The former is, at most, in poor taste, and potentially triggering to abuse victims.  The second makes me want to vomit because even though he was just talking, that guy was gearing up to try something and create another abuse victim.  A g a i n.  

The first can be avoided because it is imaginary and you, an adult, have power over your back button so that you don’t have to witness harm to imaginary people.  The second, those very real kids had to rely on real adults and real law enforcement to keep them safe from very real assault.  

(It worked!  The neighborhood rallied!  He was arrested for violating parole!)

Pretty sure Sleazebag McDongface didn’t read some gross NC-17 Draco/Lucius fic before deciding to harm an actual human being.  Pretty sure not having read it didn’t keep him from doing it. ‘Cause he fuckin’ did it.  And he would have done worse. But actual people stopped him.

I get wanting to protect victims when so many of us are victims ourselves, but man, going after fiction is not the way to do it.

An author is not a perpetrator.  Stop trying to make those things synonymous in the minds of other fans, and in the minds of other recovering victims.

I’m a crone who also lived through strikethrough, and all y’all young fans need to read this and understand it if you don’t want history to repeat itself someday.

Here’s the thing, also: it doesn’t stop with fic about objectionable stuff.

If you have a website with TOS that includes any kind of “objectionable content” rules, there will be parties who will use those rules to try to silence other people whom they want silenced.

Let’s look at the alt-right and MRA movements today, or GamerGate a few years ago. What is one of their primary weapons? They report black or feminist or really any leftist YouTube channels (or Twitter accounts, or whatever) whose message they don’t like and claim those channels are are violating TOS by posting hate speech or incitations to violence or whatever bullshit they can come up with, in an attempt to silence those channels.

When Anita Sarkeesian of Feminist Frequence came under fire for starting a crowdfunding endeavor to fund the production of her Tropes vs. Women in Video Games series of videos, male gamers tried to get her KickStarter and various social media accounts shut down by reporting her for for hate speech and promoting terrorism.

Luckily, that became a big enough story that the dudes failed and their efforts backfired. But a lot of times, these tactics work.

How do I know this? Because it happened to me. Not over major shit like the examples above, but over something completely petty.

Back in the mid-to-late 90s, before LiveJournal really became the place for fandom, before FF.net was really a thing, you had to create your own personal website on whatever free webhost you could find (GeoCities was popular, but there were others) if you wanted to host your fic somewhere.

And back then, TV studios and book authors were still sending their lawyers after people who wrote fanfic, issuing cease and desist letters to not only the authors, but also to their webhosts.

At the time, I was writing perfectly het Mulder/Scully fanfic. No rape, no pedophilia, no slash. Maybe a little BDSM. But largely it was unobjectionable.

Then the 8th season of X-Files started, David Duchovny decided he only wanted to be involved part-time, and the show decided to bring in another male character. The fandom lost their shit–as fandoms do–over the idea of “replacing” Mulder blah blah blah.

One of the most popular fanfic mailing lists–one that had previously had no restrictions on what characters or pairings could be posted–decided that if you wrote fanfic involving this character, you were no longer welcome. Well, this was the mailing list with all the readers. Sure, authors could go to other mailing lists, but they wouldn’t have exposure to the sort of readership this other list boasted.

I spoke out, saying that this change was unfair to fic authors and that the moderator of this list was behaving in a pretty vile way. The moderator and her friends took aim at me and began a campaign of harassment, and a few days later, suddenly my website with my XF fanfic was TOSed because someone had reported it. So was the next site I tried to create to host my fic, and the one after that.

Thanks to the way AO3s TOS are constructed, that sort of shit doesn’t happen now. I can speak up if I need to, and while I may receive harassment on my various social media accounts, there’s no chance they can have my fic taken down just because they have an agenda and don’t like me for reasons not relating to my fic.

So yeah, AO3′s rules protect fic a lot of us might find objectionable. But they also protect fic that is in no way objectionable from being targeted by unrelated harassment campaigns. And since any of us could find ourselves in the sights of those sort of campaigns at any time, we need to thank our lucky stars for that.

I like this last addition.

When I helped write the ToS for AO3, I wasn’t primarily thinking about strikethrough. I was primarily thinking of FFN, where so many people post things that are technically against the ToS but that the community tolerates. Any time someone gets pissed off, they can go on a grudge-reporting spree and target their enemy’s work. Often, that means guys targeting slash or Twilight fic because it’s “for girls” and thus sucks. Sometimes, it’s one ship vs. another. I was also thinking of Miss Scribe and all of that other Harry Potter fandom drama. (And if you think fans are above destroying an entire archive just to strike at one enemy, think again!)

We can’t force people to like each other. We can’t force people to be nice to each other. But we could take away fandom bullies’ favorite tools.

So we did.

Watching young (ostensibly liberal) bloggers and fans take up the deeply conservative rhetoric and moral crusading of the right wing and evangelical groups from the 90s has been both fascinating from an anthropological perspective, and fucking horrifying for someone who lived through this time period and the death of LJ.  

This thread keeps getting better.

It galls me to think that those of us who went through all this shit might have to go through it again because people who were still in primary school at the time don’t see anything wrong with harassing us over

Like, I hate to pull this argument, but we are your fandom elders, we did what we did to preserve fandom for y’all, so y’all would have space to safely explore the sane things we did and still do. And in doing so we rightly realized that if we wanted to protect the comfortable, cuddly parts, we also needed to protect the dark parts.

You can hate non-con fic all you want, and I will always advocate for adequate tagging/warning (especially with franchises that are aimed at younger audiences, e.g. MLP:FIM and SU) so that you don’t have to see it because I sympathize, but I will never support people who want to make sure that it isn’t even there to be seen. I’ve been through that once. It didn’t help anyone. It didn’t fix anything.

Please, learn to curate your own online experience. You are responsible for not clicking, or clicking away. Don’t try to force others to do it for you. That’s not cool. You aren’t protecting children. You are asking fandom to treat everyone like a child. There is a massive difference.

Also… maybe parents should do their job in monitoring kids’ content? When my parents found out I was looking at age inappropriate things when I was a minor, like they intervened.

Strikethrough 07 was such a well-conducted operation that communities dedicated to survivors of sexual abuse and fans of Lolita fashion were suspended, but the journal of the baby rapist, ohbutyouwillpet, stayed up. And it’s still up to this day, though it hasn’t been updated it over a decade as its owner is still in prison.

Whooo, I guess it’s my turn to take a shot at this.

I’m a nold. I’m in my 40s. When I came out as queer, in the early 90s, it was in the middle of what were called the “feminist sex wars”.  If you want a really good book to read about that period, which has a LOT of resonance with Strikethrought and with the current Tumblr discourse, I cannot recommend this highly enough:

Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights by Nadine Strossen

image

A preview is available on Google Books, or it should be readily available secondhand, or in academic libraries (though it’s not a very heavy academic read). I recommend Booko for finding cheap secondhand copies. Support independent bookstores!

I haven’t read “Defending Pornography” for a while – I actually last re-read it about a decade ago because of the impact that Warriors for Innocence were having on Dreamwidth’s payment providers at the time, subsequent to Strikethrough itself – but here’s a quick summary, as I remember it.

1. In the late 80s and early 90s there was a vocal group of radical feminists who believed that pornography inherently harms women, not just in its production but also in its consumption (i.e. watching/reading pornography caused people to develop attitudes that were harmful to women). All explicit content was considered to be harmful, from eg. girlie magazines to hardcore XXX videos to a book like “The Joy of Gay Sex”, no matter who made it, its purpose, its intended audience, or its context. (Yup, even m/m content was considered to be degrading to women for reasons that didn’t make a lot of sense tbh.)

2. These anti-pornography feminists teamed up with the religious right and managed to get anti-porn laws passed. In particular, a law was passed in Canada preventing the importation of “obscene” material. Canada, of course, imports a lot of material from the US. Stuff started getting seized at the border.

3. Guess what was seized first? “The Joy of Gay Sex” and the like. Guess what businesses started finding all their shipments seized or delayed – sexually explicit or not – to the point where they were being put out of business? Gay bookstores.  Guess what wasn’t seized at all? Mainstream porn made for straight men. 

Around this time, Little Sisters bookstore in Vancouver (a gay bookstore) found that huge amounts of merchandise was being seized at the border, regardless of the actual content. They were being discriminatorily targeted on the basis of their sexuality. The queerness of the material they were importing was seen as inherently obscene.

Remember that this is before there was much information available online for LGBTQ+ people, so if you were a young person maybe just coming out and trying to understand things, or wanting to learn about safe sex (and yes it was at the height of the AIDS crisis, too) you’d go to a bookstore like this. Which now had empty shelves. I remember endless fundraising and activism in the LGBTQ+ community to try and keep Little Sisters open. In the end they spent half a million dollars on court cases. Read more about their struggles.

(You know what businesses weren’t impacted and didn’t have to basically ask their friends and community for help to stay open or spend a decade in the courts to defend their right to run their businesses? The powerful companies making porn by and for straight men.)

The book goes into a large number of analogous situations. Time and time again, anti-pornography laws intended to protect women are disproportionately used against women themselves, against LGBTQ+ people, and against basically any marginalised or minority group, rather than against the mainstream male-oriented porn that would seem to be its primary target.

Here’s the key point: Strossen is a legal scholar who’s looked at a lot of attempts at censorship, and you know what she found happened every time? When you try to censor pornography, even in the interests of protecting vulnerable people, that censorship will be applied first, and hardest, against the people who are most vulnerable. They won’t come for actual abusers, they’ll come for the abused, and prevent them from accessing resources, education, talking to each other, creating art to express themselves, or organising against those who are actually causing harm.

Read the book. The stories it tells are from the early 90s but they perfectly mirror what happened a decade ago with Strikethrough and what’s happening now with all this Tumblr discourse.

This is old, old business, we’ve seen it more than once before, and it never goes the way the antis think it will. Censorship is a tool that gives power to abusers and lets them inflict more harm on those who are abused, vulnerable and discriminated against. Don’t fall for it.

Here’s the key point: Strossen is a legal scholar who’s looked at a lot of attempts at censorship, and you know what she found happened every time? When you try to censor pornography, even in the interests of protecting vulnerable people, that censorship will be applied first, and hardest, against the people who are most vulnerable. They won’t come for actual abusers, they’ll come for the abused, and prevent them from accessing resources, education, talking to each other, creating art to express themselves, or organising against those who are actually causing harm.
This is old, old business, we’ve seen it more than once before, and it never goes the way the antis think it will. Censorship is a tool that gives power to abusers and lets them inflict more harm on those who are abused, vulnerable and discriminated against. Don’t fall for it.

THIS.

ilovelocust:

decidedlysarah:

voltronisbae:

discoursecatharsis:

https://archiveofourown.org/admin_posts/10110

AO3: “We’re updating our search engines so anyone searching can filter out/exclude certain works.”

Everyone: Oh, thank god.

(In all seriousness, I hope a lot of people [antis]use this feature. That way they won’t bitch about how many “enemies to lovers” fanfics are harmful or bitch about ships and other troupes they hate.)

(submitted by @crystallinekai)


NICE, that’s an awesome update! 

A great update to AO3 so please check it out guys!

Yes yes yes!  I’ve read and enjoyed plenty of Klance, but it gets reeeeally annoying trying to search for Sheith stuff and finding only Shklance.  Stop tagging it that way, pleeeease.  Now I can I search for Sheith and actually find Sheith!!

Nice, I’ve found out the work around to exclude things, but having it just be a button pushing option will be very nice.

ao3commentoftheday:

longlivefeedback:

ao3commentoftheday:

BIG, HUGE thanks to @rollychan for crunching the numbers and making the charts. This data is based on 4,639 respondents to the kudos poll.

 What do kudos mean?

Respondents were able to select all meanings that apply to them. 

According to people who self-identify as readers:

  • 1872 mean “This fic was awesome! I loved it!”
  • 966 mean “I recommend this story!”
  • 1494 mean “Thank you so much for sharing your story!”
  • 1238 mean “Good job”
  • 103 mean “It was okay, but not good enough for me to comment”
  • 571 mean “I finished the entire story”

According to people who self-identify as writers:

  • 12 mean “This fic was awesome! I loved it!”
  • 8 mean “I recommend this story!”
  • 13 mean “Thank you so much for sharing your story!”
  • 17 mean “Good job”
  • 11 mean “It was okay, but not good enough for me to comment”
  • 10 mean “I finished the entire story”

According to people who self-identify as both readers and writers:

  • 922 mean “This fic was awesome! I loved it!”
  • 496 mean “I recommend this story!”
  • 790 mean “Thank you so much for sharing your story!”
  • 724 mean “Good job”
  • 155 mean “It was okay, but not good enough for me to comment”
  • 324 mean “I finished the entire story”

The poll currently has 10,160 respondents. I am going to stop accepting responses at this point and link these results. I hope you find this as interesting as I do! I learned a thing!

These results are very interesting, and so I decided to run a couple of tests to determine whether these differences are statistically significant – that is, what is the probability that these numbers look like they’re indicating differences between readers and authors, but it’s actually due to random chance? 

To do this, I used the socsstatistics’ Chi Square calculator to perform a test for independence. Because there were so few people who identified themselves as only writers, I only looked at the “Readers” and the “Reader-Writers” numbers. 

For each option (this fic is awesome, good job, I finished the story, etc), I reformatted the answers into yes/no questions using the total number for each category, provided by @rollychan

As an example: These figures include a total of 4,369 respondents, and 2,073 people identified themselves as only readers. Out of these, 1,872 people selected “This fic was awesome, I loved it!” as an answer, and 201 did not. Thus, we have 1,872 “yes” responses and 201 “no” responses to the question “Do you use the kudos option to mean ‘this fic was awesome, I loved it’?” 

Because we have a large sample size, I’m setting the alpha threshold at p < 0.05. That is, there has to be less than a 5% probability that these results happened due to chance, and a 95% probability that these results mean there is an actual difference between the answer from Readers (2073 total) and Reader-Writers (2514 total). 

Results

  • “This fic is awesome, I loved it!” – there is a difference (p < 0.01)
  • “I recommend this story” – there is a difference (p < 0.01)
  • “Thank you for sharing your story” – there is a difference (p < 0.01)
  • “Good job” – there is a difference (p < 0.01)
  • “It was okay, but not good enough for me to comment” – these data do not show a significant difference (p = 0.08) 
  • “I finished this story” – there is a difference (p < 0.01)

So, interesting! There has been some discussion as to whether authors attribute less positive meanings to kudos than people who are only readers, and the answer to that appears to be a firm yes

However, a lot of focus has been put on the “it was okay, but not good enough for me to comment” meaning on kudos (which, I would like to point out that only around 5% of Readers and 6% of Reader-Writers selected “yes” as a response). Is there a significant difference in the responses of these two sets of kudos-givers? With these data, we find that the answer is no. The p value is quite close to the threshold, but nowhere near the results for the other questions. So, while it may be indicating a trend, it would be interesting to see if repeating this test with the full set of 10k+ answers would give us something different!

– Rose 

I love me some stats. And I love even more people who do the stats work for me 🙂 This is FANTASTIC. Thank you so much!

ao3commentoftheday:

fanfichasruinedmylife:

ao3commentoftheday:

@painting–words attempted another string of asks, but tumblr cut off the first one. again. argh. I’ve copy/pasted them below. Thanks again for copy/pasting it into a message 🙂


Did a little experiment: went on my biggest OTP ship tag, has 30k fics, sorted the fics by kudos. Some of the biggest fics there, like Fandom Classic status achieved, had ratios of 0,025 ; 0,026 (both OS) ; 0,028 ; 0,022 (both chaptered). I think what people forget when taking into account the kudos:hits ratio, is that when fics get huge, they get re-read, And re-read. Which inflates the number of hits compared to kudos, since you can only give kudos once, and thus lowers your ratio (1/?)

In comparison, if I go on the 9th page, fics there have ratios of 0,037 ; 0,029 ; 0,032 ; 0,049. If I go on the 20th page, I get closer to 0,1 with 0,072 and 0,0896. But a chaptered fic on that same page gets a 0,031 (because chapters = more hits = lower ratio). (2/?)

Same thing if I sort the fics by hits. We’re talking about the most read fics in the fandom, from 300k to 500k hits, and they have ratios of 0,018 ; 0,013 ; 0,015 ; 0,024. So basically this ratio doesn’t tell you a lot. You can have a terrible ratio with 500k hits, but 40 kudos and 300 hits will give you 0,13 ¯_(ツ)_/¯ (3/3)


Agreed. The kudos:hits ratio only works on a one shot (or first chapter of a multichap) and only really within the first day or two. But even then, it’s not a reliable metric. 

I mean, I hate it but I hold myself to that 1:10 standard even though I know for a fact it’s ridiculous. All I have to do is say “the majority of my fics get that metric for the first two days after I post) but if I do the same calculation on my entire archive? I get 1:22. And I think that’s good. Really good. Like, I’m super stoked that I did that math because it made me feel fantastic, good. 

I know we crave metrics and grading and feedback and measurement. That’s one reason why I both love and hate the AO3 stats page. It gives us the false impression of being able to quantify reader engagement/enjoyment. But we really can’t. We only drive ourselves nuts when we try. 

This is why I think we need a reread button. I know there are fics that I reread all the time, and I try to comment each time I reread, but I honestly think my “Hey, I’m back” comments get tiresome for people after awhile. 

a friend of mine just did a full reread of one of my fics this week and left a comment on every chapter, and it totally made my year so far 🙂

Speaking as an author, I personally, would die of happiness if a reader told me every time they reread my fic. “Hey, I’m back” never gets old.

psa: don’t mention commissions/patreon on AO3

prettyarbitrary:

jeremy-rennerd:

ratherembarrassing:

softpunkbucky:

sinningsleepingandshitposting:

whalehuntingboyfriends:

whalehuntingboyfriends:

Hi guys! So I know we all don’t actually read the terms and conditions of things and just hit agree assuming there’s nothing important in there (I do it too oops) but if you take writing commissions or anything involving money, then there’s actually something in the AO3 terms and conditions to be aware of.

Linking to a personal website or blog/social network where you are taking donations, posting commissions or mentioning published works is permitted, but advertising it directly on the Archive is not, nor is using language which one might interpret as requesting financial contributions. For example, you can say something to the effect of “check out my Tumblr if you want to know more about me and my writing” and include the link to the site, but you cannot specifically state anything about donations, commissions or sales on the Archive.

Today someone reported one of my fics as violating this condition – presumably because I’d mentioned my patreon in the author’s note (I wasn’t actively requesting donations either… I’d literally just mentioned that it existed, and that the fic in question was written as a thank-you for hitting one of my goals).

I’ve written to AO3 to check whether just saying ‘thank you to those who support me on patreon’ is fine and I’ll let you guys know when they get back to me, but if it’s still going too far in terms of being a ‘commercial promotion’ then I’ll just avoid mentioning this in the future! :’)

As I said, someone did actually report my fic for this – so there are people out there who are noticing/reporting these situations. Please be aware of this if you take fic commissions, or use patreon or ko-fi, because your account could end up suspended, which of course no one wants!

❤ ❤

UPDATE: AO3 got back to me – you’re not allowed to mention or link to patreon at all, regardless of how it’s phrased. Not sure if it’s the same for ko-fi but it might be better to be safe than sorry!

@kahnah23 relevant to you and possibly some others~

That’s a fucking bullshit rule, I’m sorry. They shouldn’t deny you the opportunity to advertise your own work.

archive of our own is run by the organization for transformative works. ao3 and the other services that otw offers – including legal services for fan creators who get in legal trouble – are nonprofit organizations.

this isn’t just a self-determined descriptor; that’s a legal definition that requires adherence to specific rules and laws regarding income, profit, and donations.

this isn’t a “bullshit rule” just meant to prevent creators from advertising. in op’s post, the contact from ao3 offers a roundabout way to advertise. this rule ensures that ao3 and the organization for transformative works to stay a non-profit organization – this “bullshit rule” is essentially a way so that ao3 and the other services that the organization for transformative works can stay online.

it’s not just about maintaining nonprofit status. (i question if that’s even applicable here, since the profits in question don’t go to the organisation, but i know very little about nonprofit law. just a gut feeling.)

the actual point is, they run a legal services organisation for fans who get into legal trouble. they literally exist for the purpose of helping you not get into legal trouble. profiting from fan fiction very much opens you up to the possibility of getting into legal trouble. they’re not going to let people do things on their website that they know will land them in exactly that trouble.

and to be clear, just because everyone who slaps a patreon button on their tumblr isn’t getting sued, doesn’t mean they aren’t doing something for which they could be sued.

let me say it again: profiting from fan fiction very much opens you up to the possibility of getting into legal trouble.

here’s why.

use of other people’s characters is subject to copyright law. the general principle that makes downloading a movie or a song piracy also applies to the use of a character, assuming certain factors such as uniqueness.

how fan fiction has come to scrape by in the past: by not being a commercial enterprise.

in contrast, for use music, video, images incorporated into new works: by being significantly transformative.

these two factors, commerciality and transformativity, are considered side by side. the greater the transformativity, the less weight commerciality will be given. if something is highly transformative and non-commercial, then it’s almost certainly fine. down the other end, if it’s not at all transformative and commercial, forget it.

it’s a matter of judgement as to what degree of transformativity there is in the work that will push it over the line to overcome the general prohibition against commercial use. but fan fiction in the truest sense is barely transformative. in fact the goal is to come as close to copying a character as possible.

an analogy with the use of music: a cover band, despite every part of the performance of the song being done by that band, is still playing a song that was created by someone else. you, the fic writer, as covering someone else’s character.

the cover band you see at your local bar? they, or the local bar itself, have paid a fee to obtain permission to play that song. (even if they were playing for free they would still have to obtain permission, because any public performance of copyrighted music is prohibited.) in contrast, use of a line from one song in another another song that uses the line for parody? fine (Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994)). let’s call that the AU with the names changed, the location different, and everything about that character’s backstory is gone. they just look like the actor and have a dialogue pattern that matches.

the better you are at writing a character in character, ironically the more likely you are to violate copyright law. and that’s why the commercial factor becomes incredibly relevant.

basically, don’t get paid, keep being cool with the law*.

*this is not an endorsement of the principles of copyright law itself. this is about what that law is and how it works.

People also forget the reason why disclamers on fics became so prevalent.

Please understand that profiting off fanfiction, fanart and all forms of fan-content is direct violation of copyrighted material.

Your commissions to draw popular characters? Direct violation of Copyright.
AO3 works hard to maintain fandom expression protected. You hurt their cause by not adhering to their term of use.

They’re there so you won’t get sued.

On this front, fandom creators in the US may want to batten down the hatches because the Trump administration is pretty much guaranteed to highly favor intellectual property owners–especially groups like the MPAA and RIAA–over fair use and transformative works.

We’ve got a lot more legal precedent than we used to on our side, but this kind of ‘bullshit detail’ has historically been a lever for these people to hang a lawsuit on and no doubt it will be again.