....une femme amoureuse @justdessertsfortea - Tumblr Blog

Disney Wants Your Stuff. (No, I’m serious, they literally say you own the copyright to your fanwork until they say that THEY own it, i.e. Welcome to the new Disney TOS, Baby.

First up, the link, so chill already: https://disneytermsofuse.com/ Your relevant and terrifying passage(s) are the entirety of Section 7. Go read it. I’ll wait.

Now. First thing to understand is that the legal language within the new TOS *implies* that Disney is only referring to people who use its services, people who clicked and agreed to this new TOS. But it’s implication only. That’s not what this TOS actually says.

This TOS spends a lot of time defining fanworks, or as they call it, User Generated Content.

They want to make it clear that,

a) You totally have the right to make User Generated Content (UGC) all you want.

b) You can put that UGC anywhere you want, whether they own the site or someone else does. What matters is that you’ve put that UGC in a publically accessible place…like, oh, AO3.

c) Disney spends a few breaths saying that the creator of the UGC owns the copyright to that UGC…except if you read those words carefully, they’re not guaranteeing you anything, because THEY own the copyright.

d) Disney then says, since they own the copyright to your UGC, they can literally do anything they want with it. They can steal it, crib it, use the entire thing as their own, make money off of it, reprint it, ANYTHING–and you do not get credit. You do not get paid. You do not get acknowledgement. You might get a DMCA telling you take down your UGC because it is now *their* content that they’re selling and how dare you steal from them. (No, I’m not kidding.)

e) Nobody seems to know a fucking thing about this.

f) The bullshit on Twitter over May the Fourth was just a smokescreen, sorry. https://www.theverge.com/2020/4/28/21238909/disney-star-wars-maythe4th-hashtag-copyright-contract-twitter

Disney doesn’t want your Tweets. They just wanted to see who was paying attention, and how, and if they could get away with it. (Yes, they did go after someone who reposted Disney’s own tweets. No more information on that yet.)

g) Yes, you should absolutely take this seriously. You should be terrified, because how many fan content creators have the bank to fight this if their “copyrighted content” that Disney specifies is still *their* copyrighted content is stolen? OTW exists for this very reason, but this is fucking Disney. They. Own. Almost. Everything. In. The. Corporate. United. States. Entertainment. Industry.

h) No, your MCU, Star Wars, Pixar, Disney animated films, ANY such fanworks, are not safe. If Disney likes it, they will take it. If you say they can’t, they’ll point to their new site-wide TOS and say that they can. Is that legal? Don’t actually know, but think about who’s in the White House right now. Think about who he’d support. Yes, the Library of Congress and the House of Reps are supposed to be in charge, but how long until we could push for them to deal with/fix this shit?

i) Yes, Disney is probably trying to steal content in order to survive the pandemic, seeing as their major sources of revenue (parks and movies) aren’t happening right now.

j) Yes, I will be removing my Star Wars content. I didn’t work on that fucking story for nearly 20 years just for some corporate shill to fucking steal it.

k) Someone who currently wishes to remain anonymous has pinged an OTW peep to see if they’re aware.

l) If they weren’t so specific to point out that they really do mean Any Public Place, I wouldn’t be so concerned…but it doesn’t. This isn’t just about their services. This is about the entire fucking internet.

That’s it. You guys now know everything I know, so no, I wouldn’t be able to answer any of your questions. I suggest spreading the word, if only so someone else with more information can step up and reassure us that Disney can’t do what they believe they can do…

…but it’s fucking DISNEY. They nearly destroyed Public Domain in the United States over fucking Mickey Mouse a hundred years ago. Do you really think they’re going to say, “Oh, sorry, our bad” about this?

shanastoryteller

I worked in the intellectual property department of a company for 2 years. Not a lawyer, just worked around it for a while

1. The PR on straight up stealing fanworks would be so unbelievably bad that there’s actually no way that it would happen

2. Derivative work is original work and everything but previously copyrighted work is copyrightable. Meaning JK Rowling can’t steal the plot to your fic just because it features her characters. But she can send you a cease and desist letter about it if you try to publish it and it still contains her copyrighted content, because then it would no longer be considered fair use

3. Fair use is the most often used defense against copyright infringement and fanworks that aren’t made for profit fall under this as they’re a transformative work, similar to educational use and parody. A TOS can’t change federal law just cause it says so.

4. Disney is notorious for having scary legal language that gives them more protection than they need. Given the context, I’m pretty sure this is so, for example as the Star Wars Twitter thing, if you post on a third party website (like Twitter), and Disney has something like, say, a thing where they post fans tweets that are submitted to them, they don’t want fans turning around and claiming it’s copyright infringements. User generated content, while it could refer to fanfic, is probably referring to things like tweets. Tweets are copyrightable. That’s why there’s a tweet listed as an underlying work for a Beyonce song. No company is going to clarify this to give themselves LESS protection

5. Really, I must say again, the PR of stealing fan content would be so terrible that I just don’t see that happening. They have people running around actually making money off copyright infringement to worry about. The precendent set by saying derivative works are owned by the person who’s works it’s derived from would be very bad for Disney, so they’re not going to say that.

As stated in the article linked, you can’t enter into a contract that you don’t know exists. Disney can’t post this and then start pilfering fic from AO3 nor do I think they’re planning to

Disney probably doesn’t want your stuff and they’re not going to take it even if they do

Nobody is talking about it because there’s nothing to talk about

deadcatwithaflamethrower

Y’know, that bit at the end wasn’t necessary, but I’m gonna be polite anyway.

If you really believe all of what you’ve said, then you’ve gotta be too young to remember when this was an active daily fandom threat. Which is great! Awesome. If you DO remember when this was an active daily fandom threat…you’ve forgotten several key examples of why this could, yes, so easily happen. There’s a reason why the Organization for Transformative Works exists, and it’s for *this.* All the copyright ideals you quoted that our country is supposed to adhere to–which many of us are well aware of–are often completely disregarded in the favor of the famous, particularly if the famous have money. https://en.wikipedia.org/wiki/Legal_issues_with_fan_fiction

Ann Rice. Remember that tit’s fucking screaming over fanfic? The threats and the lawsuits and the attacks? I do, and I had an infant to care for when that shit was going down. https://fanlore.org/wiki/Anne_Rice (That is really a far too tame explanation for this, so here: https://seananmcguire.tumblr.com/post/153836667965/do-not-trust-anne-rice )

J.K. Rowling. Sued the guy who created the HP Lexicon even though he made no money from it and oh, yes, created an amazing resource. Because she was already a millionaire so why not. https://www.nytimes.com/2008/09/09/nyregion/09potter.html

George. Fucking. Lucas. Sent out so many Cease & Desist letters for fandom works in the 1990s that you could probably build a McMansion with them, but Lucasfilm as a whole has been losing its shit about User Generated Content since the 1980s: https://www.telegraph.co.uk/films/2016/10/18/star-wars-lawsuits-who-has-lucasfilm-sued-and-why/ And no, they never really stopped. They just calmed down for about a decade. Now they’re warming back up with a Disney behemoth behind them.

And since when does Bob Iger Disney give a fuck about bad press? They’ve NEVER cared. In Iger’s eyes, Disney is too big for a bit of bad press to take it down–and he’s right. A two-year-old kid got eaten by an alligator because Disney was literally not doing enough to keep the alligators away from the people visiting their parks (no, just a sign wasn’t enough, the kid was TWO), and Disney’s response? Build a higher wall and give the kid’s family a hell of a lot of money. No fucks given. https://www.justinziegler.net/why-i-think-disney-pay-alligator/

Disney used the incident and turned a preventable death into so much “good” publicity it’s sickening. https://www.washingtonpost.com/news/animalia/wp/2017/11/03/disney-knew-its-park-was-full-of-alligators-it-caught-hundreds-before-a-boy-was-killed/

Disney sued one of the companies that sends costumed “heroes” to visit sick/dying kids in the hospital. https://blog.traklight.com/disney-suffers-setback-in-copyright-and-trademark-lawsuit That’s how concerned they are about Bad Publicity, i.e, they’re NOT. They’re just concerned about the money.

Disney and its properties are already known to be fucking thieves when they see something they want (hint: they take it): https://www.hbsslaw.com/cases/disney-marvel-mova-contour/pressrelease/mova-contour-ip-theft-judge-sides-with-inventors-in-massive-intellectual-property-case-against-disney-fox-paramount-and-others-allowing-cases-to-continue

“The lawsuit came in California federal court in May and pointed to just how seriously Disney takes its own intellectual property. The complaint gave examples: Disney threatened to sue childcare centers for having pictures of Mickey Mouse and Donald Duck on the wall; Disney once sued a couple on public assistance for $1 million when they appeared at children’s parties dressed as an orange tiger and a blue donkey; Disney sent takedown notices to social media services upon users posting photographs of their new Star Wars toys; and so forth.” from: https://www.hollywoodreporter.com/thr-esq/disney-takes-stand-overzealous-copyright-holders-1134645

Disney does not give a shit about fair use. They do not give a shit about a creator’s copyright. They don’t give a shit about anyone else’s property. They care about their profit margins and if their profit margins say that stealing another’s property and paying them off when the case goes to court is still a net gain rather than a loss? They’re going to do it. They have done it. They’ll keep doing it, too.

So: tell me again how there’s nothing to be worried about.

dontcallmecarrie

…this is fine.

justdessertsfortea

Here we go again.

dogmotifs

before this format is completely dead, ever thought the 5 love languages were wack? me too! so i took it upon myself to reinvent that shit. now i proudly present to you the 5 new and improved love languages, take this quiz to find out where u stand.

wintersoldierfell

i literally fuckin cried

pearwaldorf

love letters

love to you is sitting down for an hour and unleashing your heart onto a page, and once you’re done you fill the envelope with a daisy from when you strolled the park last week and a carnival ticket from last night. and then you finally seal it with a personalized stamp. your an open beating heart begging to be held in someone’s forgiving palms. you’re sweet to your core and have a flair of extravagance. you wear your heart on your sleeve, ‘cause who doesn’t want to shout their love from the top of rooftops. you dream of soulmates and happy endings, sometimes to your detriment. you can tend to exaggerate and lose touch with reality, so be wary of how you make people out to be in your head. you have a gentle heart, be careful with it.

Hey quiz-maker? Where do you live? I just wanna talk.

physiologicdeadspace

Mary Mallon is far better known by the nickname she earned n the press when she infected multiple families that she worked for with typhoid fever. ‘Typhoid Mary’ was the name given to her by the media during her first forcible quarantine that lasted a period of 3 years. She had been working as a chef and had very low standards of hygiene, reportedly claiming she did not know why she needed to wash her hands as she was not ill. Mary was in fact an asymptomatic carrier of the typhus bacteria, meaning that while she appeared physically healthy she was spreading the deadly bacteria wherever she went.

After her first period of quarantine Mary was permitted to be released on the basis that she no longer work as chef and seek employment in a job that would not facilitate the spread of the disease. She agreed to this and managed to work as a laundress for several years, but eventually changed her name and returned to her previous occupation., Once again typhoid fever began to spread, but Mary continuously changed her name in order to avoid being apprehended by the authorities.

Mary was eventually tracked down when she started a severe outbreak of typhoid fever in Sloane Hospital for Women, where two people died as a result of the disease. Once she was apprehended she was sent to Riverside Hospital, where she would spend the rest of her life. On her death from pneumonia an autopsy was carried out and live typhoid bacteria was discovered in gallbladder.

tikkunolamorgtfo

I would encourage everyone to read the Wikipedia article on Typhoid Mary to understand the full scope of her negligence and callousness towards others. You can be an asymptomatic carrier of disease and endanger others by not following medical advice and not taking yourself out of harmful situations. You can spread disease even if you think you’re healthy.

Don’t be a Typhoid Mary.

Protect others.

melaboveall

this is totally appropriate and necessary to start teaching

neil-gaiman

Do you have any thoughts for those of us feeling scared and fearful of COVID-19 and the times to come?

Wash your hands. Establish a routine of washing your hands whenever you enter a building or go home. Encourage other people to wash their hands.

And be aware. If you have flu-like symptoms, minimize your interactions with others.

Get flu shots.

Do what you can to protect people with already compromised immune systems.

Don’t panic. Don’t be stupidly brave either.

Did I mention washing your hands?

I used to come home from signing tours sick. I’d interact with thousands of people, and then I’d be ill. Eventually my doctor told me to take alcohol wipes with me on the road, and use them after shaking hands or just when I had a down moment. And to wash my hands for 20 seconds well, whenever I could. He explained that most illness is something on your hands being transferred to your face or mouth or nose by your fingers. I did what he suggested. I still came home from tour exhausted, but I stopped coming home sick.

shazrolane

For those who are worried about COVID 19:

1) For most people under 60, the fatality is less than the flu. Even if you get it, the chances are very, VERY good that you’ll be fine.

2) This is NOT true for immunocompromised people and our elders. The fatality rate is much higher for these groups.

3) The problem is not “OMG if I get this I’ll die!” the problem is, “If I get this, I might transmit it to other people, and THEY might die, and I care about people, so I’m going to try really hard not to do that.”

4) The precautions being taken and recommended are to break the chain of transmission. If I don’t get the disease, then I can’t transmit it to my parents, or my friends undergoing chemo, or my friend who’s had a liver transplant. So I’m washing my hands, using wipes and sanitizer, NOT TOUCHING MY FACE, and avoiding large crowds. Because I don’t want to bring it to other people.

5) Neil is 100% right that these precautions work. Every year, my family attends a convention with 80k attendees from around the world. We’ve used these precautions ever year for 15 years - wash your hands, use alcohol wipes, don’t touch your face. We’ve never come home with con crud. This stuff really does actually work.

If I get COVID 19, I will be fine. But others might not be. So I’m going to be careful for them.

cyborg-and-the-chamber-of-chisme

I feel like Tony’s ego is the most legendary cryptid in the MCU

Because I heard reports of it for years. The images of it are usually blurred and easily dismissed as something else to anyone with a pair of eyes and it has yet to actually be proven to factually exist.

starkravinghazelnuts-deactivate

I think a lot of people believe Tony is arrogant because of his flippant attitude and tongue-in-cheek blustering, but many of his actions (which speak louder than words) demonstrate a remarkable lack of ego.

Makes Pepper Potts CEO of Stark Industries [he trusts her more than himself to run his company]

“Dead for almost 20 years, and still taking me to school.” [could take credit for the New Element, but emphasizes he ‘re’discovered it]

Lays on the wire in The Avengers to save New York City when redirecting the nuclear bomb into the wormhole [after Steve said Tony isn’t the kind of man to do that]

“I…I’m just a man in a can.” [said while vulnerable]

“Actually, he’s the boss. [points to Steve] I just pay for everything and design everything, make everyone look cooler.”

“Like the old man said. Together.”

“Ultron. My fault.” [takes sole accountability for the Sokovia disaster, even though Bruce also helped]

The entirety of Civil War in general. Tony believes that the Avengers should have oversight. Handing authority of the Avengers to a Council is not the action of an egoist who thinks he’s always right (!!!) He’s basically admitting they can, and have, made mistakes and need to be put in check.

Asks Peter for a plan on how to rescue Strange in infinity War – and that’s the plan they use.

Goes with Quill’s plan on Titan in Infinity War, even though he didn’t seem to have a high opinion of the guardians.

Tries to stop Strange from handing over the Time Stone in Infinity War, even though that’s what spared his life.

I mean, time and time again, Tony tries to be a team player, listens to others, and exhibits self-deprecating behavior. When he was dying in Iron Man 2, he went on a destructive binge to force everyone who loved him away so they wouldn’t care when he was gone. I mean… !??!?!? Like, ego? Where!?

Iron Man is more than a suit of armor. It’s a metaphor for who Tony Stark is as a person: cold and hard on the outside, but warm and soft on the inside. He uses his arrogance as a shield to protect himself–to deceive people into thinking he’s not as vulnerable as he really is.

It reminds me of this quote:

“The difference between ‘Iron Man’ and some other movies is that there’s no spider bite; there’s no magic bullet where a hero is born. We had to build him. We wanted people to remember that there’s a person inside that suit, and it will hurt if he falls.”

It boggles me when that’s lost on some. Like, yeah, Tony’s a messy character, and he’s certainly a hard pill to swallow because he can be downright acrimonious, but he feels so deeply. He’s easily wounded. He’s one of the most emotionally-driven superheroes. That’s why everything he’s done has taken such a toll on him. It’s why he suffers from post-traumatic stress disorder. It’s why he has anxiety attacks. He wants so badly to do good and save the people he loves – even at the cost of his own sanity and comfort. Every time he fails, it destroys more and more of what little self-worth he has.

What kind of selfish egoist does that?

batmanisagatewaydrug-deactivate

unpopular opinion but it’s cool if you don’t want to be in love

batmanisagatewaydrug-deactivate

like, idk. I used to feel so compelled to make excuses for being single, whether it was self-deprecating jokes about myself or insisting that I was too busy for a relationship or making myself go out on uncomfortable and pointless dates just to make a show of trying to not be single. there’s such an expectation that if you’re single you should be actively working of changing that, and it’s like. nah. there are 9999 other things you can be focusing your time and energy on and if you don’t really feel like being in a relationship now or ever that’s cool.

littlemulattokitten

I got 9999 problems and a bitch ass man child ain’t one.

Take the train. Let your trails be crooked and winding, Let your life be full of adventures Let your mind wander. Let it wonder at the dangerous beauty of the world. Let it find friends in solitude, Let your soul run free. Take the train. Find yourself along the way. ➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖ #_soi #socialenvy #fatalframes #nomad #wanderlust #travel #travelphotography #mobilephotography #landscapephotography #exploretocreate #justgoshoot #shoottokill #moodygrams #myshoeboxofphotographs #mytravelgram #instatravelling #travelblogger #passportready #visualdiaries #nofilter #poetsofig #poetrycommunity #writersofinstagram #poetry #igramming_india #whereisnortheast #indian_shutterbugs #outtoroam #naturephotography #rural

There is nothing more musical than a sunset. ➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖ #_soi #socialenvy #fatalframes #digitalnomad #sunsets #travel #goldenhour #gorgeous #wanderlust #throwbackthursday #travelphotography #streetphotographyindia #mobilephotography #naturephotography #instatravel #mytravelgram #landscapephotography #primeshots #myshoeboxofphotographs #gameoftones #tonebox #exploretocreate #justgoshoot #moodygrams #travelblogger #passportready #igramming_india #indian_shutterbugs #potd

pencap

You, Woman

she puts her hand in mine folds my fingers over hers and says: take whatever you want. take the bones running under my translucent skin. take the blood of my still-beating heart hiding in my veins. take my fingernails stained down to the cuticles and every folded-up wrinkled crease of my palms. take it all, she says, i do not need it anymore. she says, i loved a man but he does not love me not anymore. and i do not know what to do with the bones under my skin and the blood hiding in my veins and my stained fingernails and my creased palms he did not need them. he did not want them. and so, i do not want them anymore, either. i do not need them anymore. i kiss the folded-up wrinkled crease of her palms and the stained cuticles of her nails and the shadow of her veins and bones under her skin. and i say, keep them. you are right–– you do not need them. you, storm-woven ocean-crashing earthquake of a woman, you do not need bones or blood or nails or creases to be woman to be strong to be alive but keep them anyway. your bones and blood and nails and creases are worth holding onto. he did not have the map to find the treasure in your body but by God, woman, you are made of treasure. find the map painted bright in every folded-up palm-crease and every winding vein hiding blood and every freckle and mole and acne scar. you, Woman, are map and treasure both.

you, woman, are complete.

- j.p. || napowrimo #2

"Moon river, wider than a mile I'm crossing you in style someday" ➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖ #_soi #socialenvy #fatalframes #digitalnomad #traveltuesday #noir #blackandwhitephotography #instabeauty #monochrome #mondaymotivation #mobilephotography #naturephotography #travelphotography #landscape_captures #mytravelgram #instatravelling #tourist #travel #wanderlust #instablackandwhite #bnwphotography #bookwormsandtravelbugs #travelblogger #igramming_india #whereisnortheast #indian_shutterbugs #outtoroam #moodygrams #explore (at Umngot River,Dawki)

FilterCopy | Tuition Classes For Indian Society | Ft Rani Mukerji

"This world will carry on, busy and rushed as ever, and you may carry questions, that have no easy answers, but may never lose your wonder, and the fire that burns deep: to walk through crowded streets and observe the most beautiful and seemingly insignificant things." ➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖ #_soi #socialenvy #fatalframes #travel #wanderlust #trip #landscape_captures #travelphotography #mobilephotography #streetphotography #storiesofindia #nofilter #primeshots #instatravel #mytravelgram #myshoeboxofphotographs #visualdiaries #igramming_india #indian_shutterbugs #outtoroam #incredibleindia #tourist #passportready #exploringtheglobe #weekendvibes #exploretocreate #Shutterbug_Collective #Yourshot_india (at Chennai, India)

Some things are better in black and white. ➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖ #_soi #socialenvy #fatalframes #blackandwhitephotography #beautiful #landscapephotography #monochrome #travelphotography #naturephotography #mobilephotography #instabw #instablackandwhite #igramming_india #indian_shutterbugs #indiaclicks #mytravelgram #myshoeboxofphotographs #visualdiaries #travel #waybackwednesday #wanderlust #noir #getaway #instatravelling #photographerlife #passportready #bookwormsandtravelbugs #instahappiness #instalike #instagood

The only sunsets I don't like are the ones that I miss. ➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖ #_soi #sunsets #socialenvy #river #nofilter #fatalframes #travel #wanderlust #getaway #beautifuldestinations #travelphotography #mobilephotography #landscape_captures #naturephotography #exploringtheglobe #exploretocreate #moodygrams #justgoshoot #Shutterbug_Collective #igramming_india #whereisnortheast #brahmaputra #indian_shutterbugs #myshoeboxofphotographs #visualdiaries #mypixeldiary #photographerlife #instatraveller #mytravelgram #outtoroam (at The Brahamaputra River Guwahati)

In a world full of trends, I want to remain a classic. ➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖➖ #_soi #socialenvy #fatalframes #travel #wanderlust #travelblogger #travelphotography #streetphotography #mobilephotography #cafe #classic #myshoeboxofphotographs #visualdiaries #mytravelgram #exploretocreate #justgoshoot #shoottokill #moodygrams #blackandwhite #vintage #igramming_india #Shutterbug_Collective #SC_MakeMeABug #creativeimagemagazine #flashbackfriday #indianshutterbugs #gameoftones #primeshots #weekend #retro #potd (at Guwahati, Assam)

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....une femme amoureuse