The Bowery Presents
almost home
tumblr dot com
Stranger Things
todays bird
@theartofmadeline
I'd rather be in outer space 🛸
No title available
One Nice Bug Per Day
Sade Olutola
Monterey Bay Aquarium
blake kathryn
No title available
Sweet Seals For You, Always
Cosmic Funnies
KIROKAZE
#extradirty
Keni
RMH
trying on a metaphor
seen from Malaysia
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@babyblossombear
Hiii. ‘M Drista buts yous can also calls me Hannah or awex. Ranboo an’ Niki are bof in fwont too. All free of us regress. I regress from 1-3, Niki regresses 3-6 and Ranboo regress 6-9. I alsos use lots of pronouns they’re all listed on my blog @quueenofchaos
some very important info re: paid accounts~
I am not a lawyer, but I can decently interpret legalese and, being as I also suffer from tl;dr syndrome and assume others may as well, I took one for the team and went through the updated TOS for the post+ accounts and highlighted (what I understand to be) the most pertinent information, which ultimately comes down to this:
You cannot monetize copyrighted works (aka charge and earn money from fanfic, fanworks, etc) and if you do decide to put your fanworks behind a paywall via Tumblr, when you are inevitably sued, Tumblr will not protect you and will not defend you and you alone, personally, will be responsible for whatever monetary damages said lawsuit results in.
If anyone is a lawyer and knows I've gotten any of this wrong, please do not hesitate to correct me/this post.
Screenshots taken from Tumblr's TOS (updated 7-21-21), Stripe's Account Agreement, and the post+ FAQs.
1. Your paid account will not be hosted by tumblr; it is routed through a 3rd party.
2. By signing up for a paid account, you're entering into an agreement with Stripe, so in addition to Tumblr's TOS, you are also bound to Stripe's TOS.
3. Stripe, like Tumblr, will not defend you or protect you against any lawsuits.
4. Furthermore, you may end up owing Stripe money (indemnify = compensate)
5. Tumblr's TOS specifically states that you can't put any content on your post+ account that violates any laws, including laws that protect intellectual property rights of others. This is super important, because Tumblr's post+ FAQ also states that you can post anything that you would regularly post on tumblr, which I'm sure many will take to mean that gifsets, fanworks, etc are fair game, since all of that stuff can be posted on tumblr now. However, the difference is, you're not making money from the fanworks you're posting or reblogging now. Once money enters the equation, the game changes.
Tumblr is making it seem like any and all content goes for post+ accounts, knowing 90% of this site is fanworks. This is not true and you'll be opening yourself up for lawsuits if you charge for fanworks.
6. Tumblr further disclaims any and all liability in any legal issues.
tl;dr: Please do not make a post+ account, bc you will be opening yourself to lawsuits and if that happens, Tumblr's response will be not our problem, you agreed to all the terms which said you couldn't do that, sorry not sorry. Please protect yourself.
This post is a public service.
This staff’s post explaining their POV on this just showed up on my wall, so here, have the relevant part:
We do, however, want to address the main concerns we are hearing:
Fanfiction & Copyright Infringement
Basically, the process works the same as it always has. And yes, the following information is coming to you straight from a lawyer:
We fully support Creators sharing their fanfiction and fanart on Tumblr. We encourage sharing creative work of all kinds on the platform.
Fanfiction and fanart are frequently considered fair use and we support our Creators’ fair use rights. Monetizing fan work does not necessarily mean that it isn’t fair use.
Any content posted on Tumblr, both free and monetized, should follow our Terms of Service and Community Guidelines, which prohibits infringing the intellectual property rights of others. Whether a piece of fanfiction meets the requirements for fair use varies depending on the work. Intellectual property rights holders are in the best position to decide if they think a fanfiction or fan art violates their rights. If they do, they can use the normal Tumblr DMCA process to identify content for removal. Creators can also take advantage of the normal counter-notification process if they believe the content was misidentified as infringing.
So, basically, with a bit of fancy wording around it how it’s gonna be Totally Cool, No Worries on tumblr’s side, OP’s point still stands fully, imo.
Thanks for the addition, @hidden-but!
Once again, I am not a lawyer, but here's my interpretation (again, anyone who is a lawyer please correct me if I'm wrong) of the above post (because I think it's deliberately misleading):
Basically, the process works the same as it always has. And yes, the following information is coming to you straight from a lawyer: We fully support Creators sharing their fanfiction and fanart on Tumblr. We encourage sharing creative work of all kinds on the platform.
Emphasis mine. This is worded very specifically; Tumblr is not supporting or encouraging you to sell your fanworks. They are not encouraging you to charge for your fanworks. Share =/= sell.
We encourage you to share your fanworks
means
we encourage and support posts and reblogs containing copyrighted works, but we're not telling you to SELL ANYTHING, so if you do, then the consequences are your problem.
Fanfiction and fanart are frequently considered fair use and we support our Creators’ fair use rights. Monetizing fan work does not necessarily mean that it isn’t fair use.
I think this is irresponsible wording bc it makes it seem like you have the right to charge for copyrighted works if you claim that your work falls under fair use - but how many of us actually know what fair use means? And if you don't know what it means, how can you use it as a defense by claiming your work falls under it? I'll be honest, I don't really know what all "fair use" entails but when I looked it up I found a pretty straightforward and thorough explanation that cleared things up for me.
From this article on fair use, published by Stanford Libraries:
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an infringement.
So what is a “transformative” use? If this definition seems ambiguous or vague, be aware that millions of dollars in legal fees have been spent attempting to define what qualifies as a fair use. There are no hard-and-fast rules, only general guidelines and varied court decisions, because the judges and lawmakers who created the fair use exception did not want to limit its definition. Like free speech, they wanted it to have an expansive meaning that could be open to interpretation.
Most fair use analysis falls into two categories: (1) commentary and criticism, or (2) parody.
Emphasis mine.
Translation: You can share your fanworks (we're not telling you to sell them) and if you get in trouble, you can claim "fair use," and if that defense doesn't work because fair use isn't applicable, we will not protect you from whatever legal ramifications you face.
Whether a piece of fanfiction meets the requirements for fair use varies depending on the work. Intellectual property rights holders are in the best position to decide if they think a fanfiction or fan art violates their rights.
I'm just going to say Anne Rice and leave it at that.
Okay, I'll say more than that. Many authors, creators, etc won't hesitate to, at the very least send you a cease and desist and, at the worst, file a lawsuit against you. This is why it's so important that AO3 is non-profit and you can't link to or mention your ko-fi, patreon, etc - because many ip rights holders do not consider fanworks to be fair use and will go after authors (or artists, etc), so AO3's legal defense rests on "nobody is making money or profiting from this."
What Tumblr is doing is removing itself from any responsibility here by saying, okay, even if what you post isn't considered fair use, it's fine unless the person who owns that intellectual property decides to come after you, in which case, again, we are not going to protect you.
Tumblr went out of its way to say their statement on copyrights came directly from a lawyer. All this means to me is that Tumblr got their lawyer(s) to word their side in a way that protects them from any legal liability while still encouraging you to profit off of copyrighted works, and they're trying to make it seem like a lawyer has said this is fine, but that is very much not the case.
tl;dr: Copyright law and "fair use" are much more complicated than you might think, and the latter is probably not going to hold up as a defense if someone comes after you, and Tumblr still will not protect you. So again, by creating a post+ account and putting fanworks behind a paywall, you will be making yourself very vulnerable to legal action being taken against you and Tumblr will not do a thing to help you.
Me before this addition: There’s no way they can be that stupid and incompetent, this is some kind of roundabout ploy to implement stronger copyright filters and from there active censorship.
Me after this addition: Oh my god they are literally that stupid and incompetent.
The bottom line is that the Fair Use statues are a huge gray area that's constant being challenged by the Intellectual Property's Owners. Look at all the continuing hassles A03 has with Fair Use and they actively police the archives for non-conformity.
Tumblr will happily hang the paid content bloggers out to dry while being shocked (shocked, I tell you!) that such a thing could happen.
Tumblr,
Earlier today we announced to the press that we are running a beta test program for Post+, Tumblr’s newest add-on subscription tool. Post+ is a completely optional tool that will allow creators to make some of their posts exclusive to their paid subscribers. You can read more about it right over here on our @postplus Tumblr. This feature is being tested by a small group of incredible creators on Tumblr.
We want to hear about what you like, what you love, and what concerns you. Even if it’s not very nice. Tell us. We can take it. We WANT that feedback. It helps us make Tumblr better.
What we won’t ever accept is the targeted harassment and threats these creators have endured since this afternoon. These creators are some of the most talented people around, and all they’re doing is testing out a feature. These are the people who graciously agreed to pilot a program to help us discover bugs before we open it up to all creators. These are the humans who are testing a feature that we hope will soon help thousands of Tumblr creators feel empowered, get rewarded for their efforts, and find support within their community.
Our Community Guidelines are clear: Don’t engage in targeted abuse, bullying, or harassment.
Anyone in violation of these guidelines will be dealt with swiftly and will be forced to contend with the appropriate consequences. It’s okay to tell us how you feel. It’s not okay to bully someone because you disagree with their choices.
POST PLUS IS COMING, WHETHER YOU WANT IT OR NOT
Despite the fancy survey, changes to the UI and TOS reveal we’re getting the service in the future whether we want it or not. Obviously, Post+ is a terrible idea that is trying to bank revenue on user content. Unlike patreon or onlyfans, tumblr’s primary focus is on FAN content. The legality of this is NOT in the users favor and as the new tumblr TOS states, said users will be entirely liable for whatever legal matter arise.
SO WHAT ARE WE DOING?
Besides filling out the survey, it’s time to show tumblr we mean business and show our displeasure by hitting them where it hurts.
Ad revenue.
We’re proposing a 24 hour log off as phase one of this protest.
WHEN IS THE PROTEST?
AUGUST 6th, 2021 12 am Eastern Time (US0 5 am Greenwich Mean Time 6 am Central European Time 8 am Moscow Standard Time 1 pm Australian Western Time 2 pm Japan Standard Time 3:30 pm Australian Central Time 4 pm Australian Eastern Time AUGUST 5th, 2021 11 pm Mountain Time (US) 9 pm Pacific Time (US)
THE END TIME IS 24 HOURS FROM START TIME!!!
So no posting, no queues, no likes, and no reblogs!
WHAT IF I CAN’T/WHAT ELSE CAN I DO?
Like this post and share it. Use the hashtags #tumblrlogoff2021 or #postplusprotest on ANY and ALL social media.
WILL THIS WORK?
Maybe, maybe not. It’s an attempt at doing SOMETHING.
!!!!!!!
updates
So to start I'm prefacing this with the fact that I am an alter in a traumagenic system. (we don't know exactly if it's a DID or OSDD one.) I am not the same alter as the ones who started this blog or the ones who continued to run it. Emilia and Blossom(probably) started it and Emie continued it. Both Emie and Emilia had attachments to CGLRE and its accompanying terms. I the current host do not have these same attachments. This is why we are going non-com as most of us who regress do not have the same attachments to the terms. We'll likely continue using terms that are similar but not tied to any communities. Also, we will probably start signing off who posts on here but it will probably just be emojis. If you want to know who the emojis belong to you can check out our system blog @moonshinesystem. Once this is posted I will edit the post to have the tags we are switching to. We have too many posts here to retag them all. To be honest, Emie will probably continue using the terms it used prior and Emilia may. The majority of us however will be using new terms. I'll introduce myself in this post as well. My names Niki and I'm 19 (THE BODY IS ONLY 14 DON'T BE WEIRD) I use She/they currently (I am planning on collecting some neos however). I regress mostly from 3-6. I am a factive (yes that is necessary and no I won't share my source. If you work it out good for you, this is only so no one harasses me [fakeclaimers /neg] {if you think you got it DM us and I'll confirm} .) I'm demibisexual and biromantic. If I forget anything important someone else will edit it in. Also, we may let the littles post and for the love of God be even more SFW than normal. This will be reblogged on all our agere blogs.
shrek is 15 years old today
shrek is 16 years old today
Shrek is 17 years old today
Shrek is 18 years old today
Shrek is 19 years old today
Shrek is 20 years old today
It’s coming.
soon
NINE DAYS FOR THE TRIAL
Restaurants and bars really love to test your sobriety by making the route to their bathrooms as labyrinthine as possible
Me: I'm not that drunk
Me trying to figure out where the Fuck they've hidden the restrooms in this bar: So this is how Odysseus felt huh
Everyone tagging this post with their local bars/restaurants that have ridiculous bathroom layouts.....I see u. I am u. We are all Odysseus, and our Ithaca is a toilet covered in stickers.
ok I just HAVE to include this picture from inside the bathroom door of this one bar I went to
only one of these knobs work and it's not the one that's a different color from the rest
An example post
Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Aliquam nisi lorem, pulvinar id, commodo feugiat, vehicula et, mauris. Aliquam mattis porta urna. Maecenas dui neque, rhoncus sed, vehicula vitae, auctor at, nisi. Aenean id massa ut lacus molestie porta. Curabitur sit amet quam id libero suscipit venenatis.
Lorem ipsum dolor sit amet.
Consectetuer adipiscing elit.
Nam at tortor quis ipsum tempor aliquet.
Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Suspendisse sed ligula. Sed volutpat odio non turpis gravida luctus. Praesent elit pede, iaculis facilisis, vehicula mattis, tempus non, arcu.
Donec placerat mauris commodo dolor. Nulla tincidunt. Nulla vitae augue.
Suspendisse ac pede. Cras tincidunt pretium felis. Cum sociis natoque penatibus et magnis dis parturient montes, nascetur ridiculus mus. Pellentesque porttitor mi id felis. Maecenas nec augue. Praesent a quam pretium leo congue accumsan.
period
schools cancelled for the rest of term yay
I made a matchmaker account on instagram
hewo. i jus wanna weave my littlespave wishlist hewe. Alsos if chu wants chu cans fowwow my instgwam @babyblossombear
Check out my list on Amazon
A quick guide to being a good little prince/ess/ette!
👑 Always be kind! A good royal is nice and helpful to all everyone. After all, you represent your little kingdom!
👑Manners! Being courteous is a giveaway that you are a person of royalty.
👑As a ruler you must have a kingdom! Your castle can be your room, a pillow fort, or you can even draw what you’d want it to be like! It’s up to you!
👑It can help to have royal subjects! My plushies are all part of my kingdom, and I can pretend to meet with other aristocrats and even other princesses! It’s a lot of fun!
👑Playing dress-up! Wearing my cutest clothes always helps!
👑Tea parties! Tea parties all the time! Invite your plushies!
👑It’s not a must, but wearing my crown makes me feel like a little princess whenever I wear it! You can get one on etsy but there’s always a budget friendly option at a nearby party store. It doesn’t have to be a crown either. Any accessory will work as long as it makes you feel special.
👑But the most important thing is to have fun! Enjoy being an absolutely adorable little prince/ess/ette!
Feel free to add more!
Babie syndrome
symptoms:
grabby hands
giggles
baby talk
babbles
squeals
is playful
is bratty
kicky feet
bites e v e r y t h i n g
sleepy
repost if you have baby syndrome!!
Hey guys I have an agere discord so if you’d like to join just follow this link
https://discord.gg/XsnqUFK
Check out the Baby's Candy Store community on Discord - hang out with 10 other members and enjoy free voice and text chat.
If you think otherwise, unfollow.
Image description: Four images, all with white text on pastel backgrounds. The text is outlined in a darker version of the backgroubd color and has a shadow in another similar shade.
Image one: The background is pink and the text reads, “Littles with mental and physical illnesses are important, valid, loved, and belong in the community.”
Image two: The background is baby blue and the text reads, “Carers with mental and physical illnesses are important, valid, loved, and belong in the community.”
Image three: The background is lavender and the text reads, “Middles with mental and physical illnesses are important, valid, loved, and belong in the community.”
Image four: The background is pastel green and the text reads, “Anyone with mental and physical illnesses is important, valid, loved, and belong in the community.”
Yes, I’m a professional toddler.
My PhD’s include cartoon watching, tantrum throwing, and sippy cup mechanics.
Any questions can be directed to the office of the ages two through five years old.
