Less than $2k to goal! Nola vid!


Hello all! We are currently at $3,368 out of $5,000 in the GoFundMe for me to get a service dog. Thank you so much to everyone who has donated and/or signal boosted! Donations have come in from signal boosts, so they do help!

As a treat, we have a video from Doggie Does Good. They recently hit 4,000 followers on their Instagram, so they recorded a thank you video with their current service dogs in training. Nola makes an appearance 8 seconds in (she’s the black dog in the back left of the group) and she continues to be adorable.

You can see the video over on the Doggie Does Good Instagram.

I’ll post more as I have it. Thank you again!

I don’t normally send these around, but this is a very special person in the fandom, who wrote one of my favorite collections of fanfic (see my tags for link) wayyyy back in the day. Still holds up after all this time! So I donated as a way to pay for her wonderful writing, that I would have loved to see as part of canon. If you can’t donate, please send this around, she’s close to meeting her goal! 

Stories with non-binary/genderqueer protagonists?


I’m hoping Tumblr can help me out here. I’m looking for stories with non-binary/genderqueer protagonists. Any medium: books, comics, TV, movies, fanfiction (any fandom), whatever.

The key part of this is protagonist. I’m finding things which have non-binary/genderqueer characters but they are always supporting cast. I’m looking for stories where they are the main character. Or, if not the main, then close enough to it in terms of their significance to the story. (Such as Aaron Burr in Hamilton, or Darcy in Pride and Prejudice.)

I’m interested in anything which falls under the label non-binary or genderqueer, so genderfluid, bigender, agender, transgender, and so on are all welcome.

Any pointers are much appreciated. And if you don’t know of any, a signal boost would be appreciated as well. Thanks!





Fair use is … wholly authorized by the law. That’s what the 9th Circuit said today, in a ruling that will become a terrific tool to support sharing of transformative works (like fanfic, fanart, cosplay, fanfilms, filks, etc.). 

Back in 2001 and 2003, when I first started writing and speaking about fair use in connection with what we’re now calling “fan law”,  we did a lot of argiing by analogy. Caselaw hadn’t really caught up with how people were actually using the internet and definitely hadn’t caught up with the idea that fans of a show or book or film or band or piece of art or work of creativity would create a “follow-on work” and share it at no cost to anyone, on the internet. 

But lawyers argue by analogy – we go before a court and say “this is similar to that, and thus the laws for that should also apply to this”. That’s how it works (at least in the US) so it was reasonable  to say because of court rulings in The Wind Done Gone and the 2 Live Crew case re Pretty Woman, or a 1996 case in the 11th Circuit that said “

fair use is not an infringement, that (noncommercially distributed) fanworks – as transformative works – were fair use and thus were not infringements of someone’s copyright. 

By and large, over the last fifteen years (and actually, through  the 90s too) the courts have agreed with this concept every time something that parallels an aspect of fanworks comes before an appellate court. Click the Fair Use tag here for examples. 

However, today the 9th Circuit issued its ruling in Lenz v. Universal, a case that dates back EIGHT YEARS to a pre-Google time at YouTube, when the tv networks were all freaking out about this new way that people could get content via the internet, and the music companies were continuing their perpetual angst about the idea that certain uses of songs could be, in any way noninfringing. 

While Lenz doesn’t really redefine large swaths of law, it makes a few points explicit and clear: 

  • Fair use is not just excused by the law, it is wholly authorized by the law.
  • A copyright holder must consider the existence of fair use before sending a takedown notification.
  • The DMCA requires consideration of fair use prior to sending a takedown notification…
  • If a copyright holder ignores or neglects our unequivocal holding that it must consider fair use before sending a takedown notification, it is liable for damages.
  • A copyright holder who pays lip service to the consideration of fair use by claiming it formed a good faith belief when there is evidence to the contrary is still subject to §512(f) liability.

The court also quoted a brief from transformativeworks (OTW/AO3) where we set forth when computer programs might be of use in finding infringements where  “(1) the video track matches the video track of a copyrighted work submitted by a content owner; (2) the audio track matches the audio track of that same copyrighted work;and (3) nearly the entirety…is comprised of a single copyrighted work.” As you can see, that process wouldn’t be applicable for fanworks. 

The ruling doesn’t mean an end to automatic takedown notices; where a file of concern matches exactly to a single copyrighted work *and* nearly the entirety of the file of concern is comprised of that single copyrighted work, bots and automated notices would still be viable. 

But a video manifesting mashup culture or a story that’s a follow-on work or a meme that includes a copyrighted photo and text that comments on or criticizes something, or educational infographs should not be DMCA-ed by autobots, and any analysis by the copyright-holder of the fanfic, fanart, etc. they’re looking at must actually look to current law regarding whether something is a transformative work/fair use/otherwise noninfringing. 

Does this mean that creative fans will suddenly start experiencing fewer DMCA takedowns? Possibly, but also maybe not. But it does mean that if a creative fan gets a DMCA takedown/notification about fanworks (especially when there’s no commercial sale) the fan can and should push back on whether the sender has actually considered fair use; if it’s obvious that they haven’t, the creative fan may be able to seek damages. 

Perhaps that risk of damages will be a disincentive to copyright-holders, so they focus their attention, and DMCA notices, on works that are actual counterfeits – copies of entire movies, books or tv serieses, or high resolution copies of art. 

Copyright holders cannot shirk their duty to consider—in good faith and prior to sending a takedown notification—whether allegedly infringing material constitutes fair use, a use which the DMCA plainly contemplates as authorized by the law.

And that’s a good thing. 

Now that you’re up to date on fair use law, check out the discussions that OTW’s Legal Chair Betsy and I had about fanworks, fair use, copyright law and so much more with fansplaining last week for their awesome new podcast. 

Such awesome news! And go Legal Committee!! o/

Also if you haven’t yet, take a look at the great candidates running for OTW board this year (the nonprofit that supports the AO3 and the Legal Committee and their advocacy work, among other awesome projects) and don’t forget to vote! (You have to be a $10 minimum dues-paying member to vote.)


Got tagged~♥~


Got tagged by redversaillesrose

(♛ Lestat here, darlings. Mun was tagged but I felt like answering these, so I am dictating these answers.)

1. Why did you choose your URL?

She chose it because she clearly wants her Interview w/ the Vampire. It’s actually a little twist on the old MTV slogan, “I want my MTV.” Currently she prefers her interviews to be with the one that wasn’t initially interviewed, c’est moi, mes amis.

2. What is your middle name?

I do have a middle name, Christophe Marie. The mun’s middle name is Dorothy. How very Wizard of Oz. 

3. If you could own a fairytale/fictional pet, what would it be?

I AM a fairytale pet! Hm… so many to choose from, and I don’t even know the full index of them all. I would say a beautiful little lady fairy, with endowments that would be fun to watch bounce *ahem*… a small winged dragon that I could take to the air with me. That is one thing Mojo (or any other dogs so far) unfortunately did not enjoy.

4. Favourite colour?

RED. GOLD. Gem tones in general. Creamy white. I must have several gray velvet blazers in my wardrobe at all times. 

5. Favourite song?

The great Bon Jovi’s ‘Livin’ on a Prayer’ is a close second to Springsteen’s ‘Secret Garden.’ 

Honorable mentions: Queen’s ‘We Will Rock You’, Chamillionaire – ‘Ridin’ ft. Krayzie Bone’

6. What are your top 3 fandoms?

I am just getting into Superwholock… just kidding just kidding, put your holy water and sharpened stakes down! Vampire Chronicles. It is my fandom, after all. Is there a Sam Spade fandom? A Blade Runner fandom? I shall start them.

7. Why do you enjoy Tumblr?

The drama in the coven The beautiful tribute artwork of myself, my loved ones, the written declarations of love to us! Who can resist that kind of production? I do also get alot out of the fashion, the pop culture, and the photography. Especially photography of sunrises, sunsets, vistas in the daylight *siiiigh.*

8) Tag 9 of your tumblr crushes (they have to do all 8 questions too) ((if you want to of course))

~~~> If I tagged an RP account, answer ic! ouo <~~~

tagging (in no particular order) vampchronficannabellioncourt, coldinhumanity, sheepskeleton, garama, teabq, damnitarmand, a-misunderstanding-my-love, tickedtabbyflower, vagabonddaniel, any anyone else who wants to do it!