Fanfiction Rights for Authors and Readers from AO3
Hi everyone! After the incident that happened about a week ago, I decided to go ahead and ask AO3 personally about the legality of certain measures taken by readers, to clarify what is and isn’t allowed. Some of the responses are vague - but - I’m hoping it helps clear the air for both authors and readers going forward.
Additionally, I understand that while some things may be considered ‘legal,’ it goes against a moral code and I guess my response to this is just be respectful on both accounts.
Note from AO3 Before Answering:
“The general principle at work behind all of these answers is that fan authors own copyright in their works, which gives them rights against certain unauthorized reproductions of those works. But any author’s copyright – including a fan-author’s copyright – is limited by various principles, including fair use and implied license. By posting stories on the AO3, fan-authors authorize certain uses of those stories, including downloading the stories and linking to them. “
Is it illegal to download stories off of AO3 in any format?
Is it illegal to upload those stories to iBooks, Google Drive, or any other space such as that?
Example: If someone downloads from AO3 and uploads to Drive, and a friend wants to read this story - is it illegal to share it to them via Drive?
Is there a specific number of people you’re not allowed to share too?
If a story is deleted from AO3 but has previously been downloaded prior to its removal, is it illegal to still own it?
Is it illegal to share the deleted story via iBooks, Google Drive, etc?
Is it mandatory to receive permission from the original owner of the work(deleted and/or not deleted) (even if the story has them credited as the authors) before sharing any story?
1. Is it illegal to download stories off of AO3 in any format?
With that in mind(referencing above note) : No, you are not infringing a fan-author’s copyright by downloading a story. By uploading the story, the fan-author has authorized you to download it.
2. Is it illegal to upload those stories to iBooks, Google Drive, or any other space such as that?
Whether it is infringing a fan-author’s copyright to upload their story to another platform depends on context. We can’t give advice about specific situations.
3. Example: If someone downloads from AO3 and uploads to Drive, and a friend wants to read this story - is it illegal to share it to them via Drive?
4. Is there a specific number of people you’re not allowed to share too?
There is no “cut off” for how many people one can or cannot share with before a particular use is infringing. As above, it depends on context. However, copyright owners own the right to authorize “public display” of their work. Display of a work is “public” when a work is displayed to the public without restriction, or when it is displayed or broadcast to a number of people larger than a family gathering. (Yes, that is vague. The law is vague.) Whether posting a fanwork on another platform or sharing it with multiple people constitutes “public display” that might infringe a fan-author’s copyright would depend on context. We can’t give advice about specific situations.
5. If a story is deleted from AO3 but has previously been downloaded prior to its removal, is it illegal to still own it?
6. Is it illegal to share the deleted story via iBooks, Google Drive, etc?
7. Is it mandatory to receive permission from the original owner of the work(deleted and/or not deleted) (even if the story has them credited as the authors) before sharing any story?
It is not infringing to link to a story on the AO3. By uploading the story, the fan-author has authorized you to link to it. Whether it is infringing a fan-author’s copyright to share their story in another way without their authorization depends on context. We can’t give advice about specific situations.
All of this speaks specifically to the copyright of the fan-author. Underlying copyright holders (i.e., the owners of copyright in the works that the fanwork is based on) may also have certain rights.
My goal for anyone reading this post is to be informed. Power is knowledge. I know a lot of these answers aren’t really explicit or clear but do your best - as both authors and readers - and the rest should go smoothly. And if you still feel unsure about doing something, never hesitate to ask around and get opinions before doing so. :)
