Background Pony #08BC
I shared it with some groups.
Germany is working on implementing Article 17, which makes significant changes in European copyright law. This has created an exciting opportunity to clarify that fan fiction is legal under German copyright law.
The government proposal makes clear that nonprofit websites like the Archive of Our Own should not be required to get licenses from copyright owners, as commercial websites like Facebook and YouTube will have to do. The draft bill also proposes to explicitly legalize fan fiction, fan art, and many other transformative works, as part of the EU exception for “caricature, parody and pastiche”.
The risk is that some lobbyists are asking for a remuneration requirement for caricature, parody and pastiche—including fan fiction and fan art—even if they are not posted on commercial websites. The consequences of a payment requirement would be perverse: it would favor commercial platforms over nonprofits such as the Archive of Our Own and Wikipedia. This is because users could freely upload fan fiction, fan art, memes etc. to YouTube or Facebook, because the commercial platform would already be paying a collecting society through the implementation of Article 17, but the same users would have to pay a collecting society if they wanted to upload the same fan fiction, fan art or memes to their personal website or to a nonprofit website such as Archive of Our Own. In practice, the law would strengthen the big commercial platforms by creating an incentive for internet users to close down their private websites, leave nonprofit platforms such as AO3, and move their activities to a Facebook group instead.
“ 3. Geoffroy Didier backs ending online anonymity “
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