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PUT YOUR BEARD IN MY MOUTH
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oozey mess
Game Changer & Make Some Noise
noise dept.
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official daine visual archive
Today's Document
The Bowery Presents
almost home
cherry valley forever
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let's talk about Bridgerton tea, my ask is open
YOU ARE THE REASON
d e v o n
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@kiathlin
I've not actually been able to use this account for a while. tbh, i think I'm just gonna drop Tumblr altogether. if you wanna get in touch I'm Kiathlin#9514 on discord. it's about the only place i have a stable online presence anymore.
as always, if you're a transphobe, homophobe, aphobe, ableist, sexist, racist, anti-semite, etc, I'll just block you on discord. oh, that goes for chasers double.
Go OFF, mr mouth.
Wow. Who paid Neil to deepthroat the NRA like that?
Neil is also a rapist. 9 accusations now? Trash
here are a couple articles about it
https://www.buzzfeednews.com/article/tomnamako/neil-degrasse-tyson-sexual-misconduct-investigation
“Based on the results of the investigation, Dr. Tyson remains an employee and director of the Hayden Planetarium."
https://www.vox.com/2019/7/29/8934845/neil-degrasse-tyson-misconduct-allegation-investigation-museum
The American Museum of Natural History just concluded its investigation, and Tyson is staying.
With novels including Beloved and The Bluest Eye, the acclaimed author dramatised African American experience with fierce passion
The ache I just felt in my chest, reading this headline.
Toni Morrison. First of Her Name. Architect of Words. Acclaimed Author. Teller of Truths. Shifter of Culture. Netter of Nobel Prize. Writing Domino. Legendary Laureate. Long may her works reign.
I am undone.
Dumb question but as a girl myself I don't like sports because of my chest getting in the way a lot but then I had a thought, spider Gwen needs to do a lot of moving and I have this headcanon now that she went out and just got a lot of sport bras but couldn't find the right one at first meanwhile her guardian is like "oh she's into a sport phase or something. Well it's healthy so it's not bad" (idk Gwen's full story but I thought it would be funny BC we can all relate to finding the perfect bra
Please don’t send me headcanons.
Please don’t send me headcanons.
Any chance I was ever going to do this has just gone right out the window.
Please don’t send me headcanons.
GUYS. LISTEN.
If you send shit like this to authors/creators, they can’t use it.
Because it’s NOT THEIR IDEA.
It becomes a legal liability. Sure, you might go ‘oh but you can use it! I said so!’ but there’s no contract, no proof, and what if you change your mind? What if your silly headcanon post becomes a lynchpin of their story, something you feel you should be properly compensated for?
It’s not that creators don’t want to hear from us. It’s that if we cross streams, we move from the grey area of fandom content where no one wants to mess with the legalities straight into the dark depths of ‘welp this is a lawsuit waiting to happen’.
DO NOT SEND HEADCANONS TO CREATORS.
A counterpoint: Ideas are not copyrightable. It’s a fundamental tenet of copyright law. It might be a PR liability, but legally you’re on solid ground as long as you don’t copy someone’s actual words or do a sentence-by-sentence paraphrase.
I believe this goes back to sometime in the ‘80s, when Marion Zimmer Bradley took someone’s actual work (as in, took their manuscript and wanted to publish it under her name) and somehow convinced everyone that she just happened to read some fanfic, and “if you read fanfic you can never publish anything close” became… a law headcanon I guess? But in actuality MZB was just a piece of work and really good at gaslighting (see also the whole child abuse thing).
The entire problem comes from people believing this. I’m not trying to say that there is no problem here – there very much is a problem, because people will in fact try to sue you for ‘stealing their ideas’! and they will think badly of you if someone else accuses you of it! But the problem is that people think that ideas are something that you can own. You cannot. We don’t want them to be, because that would impoverish us creatively. Why would we only ever want one take on a story? The whole omegaverse lawsuit thing brought this up again recently. Do we really only want to allow one m/f omegaverse story, ever? (Okay, a lot of you will be yelling “YES” at this point, but you know what I mean.)
So please instead of just uncritically perpetuating this harmful meme, explain the nuances of why you personally do not want to read headcanons. Don’t act like this is just the natural state of things if you are a published author. It’s not. It’s an excess of caution in the face of a misconception. And maybe if people with big audiences explained this things would change.
I have explained.
At length.
Repeatedly.
And I am exhausted.
I do not have the hours in the day to write books and comics and lengthy explanations, over and over and over again, for why people should please not do things I have asked them, told them, and begged them not to do.
I am tired and Google exists. Please let me rest.
A counter-counterpoint: regardless of the actual legality, just imagine something for a second. You are Writing A Thing, and a person on Tumblr sends you their “headcanon” and you’re like “that’s similar to something I’m actually writing already! neat!”
So then you publish a book with that in it and fans are discussing it, as fans do, and then you see it:
“Well actually, fun fact: she actually got that idea from someone’s headcanon on Tumblr!”
And you didn’t, and you explain that, but you see it crop up, again and again, and then comes the snowball:
“did u know: the author got that idea from a fan on social media”
“hey that author actually got that idea from a fan on Tumblr”
“say their name! it was Tumblr user XXX who gave her that idea!”
“Tumblr user XXX is the real originator of that idea! don’t erase them from discussions about it!”
“I can’t believe the author doesn’t give credit to XXX for using their idea.”
You see where this is going. Don’t tell me it’s not true.
“The author got that idea from a fan,” is a fun story because, as fans, we love the idea of our headcanon becoming actual canon. But it’s so easy, in this day and age on the internet, for it to evolve into something people can feel self-righteous over. And no creator needs that.
No.
No we do not.
Thank you for stating this so clearly.
As a kind of deeper issue, the problem is that, in general, people don’t understand the law.
The law as a whole is big and arcane and there is a reason people go to graduate school and get a doctorate to practice it. So, when you come across statements from non-professionals like, “Ideas are not copyrightable,” that’s true as far as the statement itself goes.
Copyright governs expression of ideas, not the ideas themselves. But where do you draw the line between Idea (not copyrightable) and Authorship (one of the things Copyright is meant to determine)?
A Joint Work, according to 17 U.S. Code § 101 Definitions is, “a work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” That relies on the mutual intent to create a working relationship. BUT, and it’s a big but, the courts haven’t really stuck to that. The courts may and have during copyright infringement cases granted joint work ex post - coauthorship after the fact. They didn’t intend to be coauthors but they were. How much expression does there need to be? How much work does an author have to do in order to become an author, even if no one but them had any intention to treat them as an author?
And that’s the real damn problem. It’s the porn definition. The court knows it when it sees it. The legal framework for determining coauthorship has nothing to do with how many words someone writes, how many hours they put in, or what exactly they contribute.
The criteria are that the expression must be:
Intent (see the ex post problem above)
Substantial enough (whatever that means) to constitute authorship OR at least not legally de minimis (again whatever that means, remember no word count or hour count or anything. I know big when I see it.)
Original or Innovative (a very high or very low bar depending on who you ask - again, this is someone’s judgement call when it comes to coauthorship, we’re not talking about innovating on an existing text, it’s how much someone innovated on the text before it was published)
Fixed in a tangible medium (I’ll come back to this one)
Common (as in shared) design
Effort by the coauthors to fulfill that common design (I’ll come back to this one, too)
It’s the last three that cause real issues for the subject at hand.
Fixed in a tangible medium is relatively easy. It just means it has to be written down or drawn. Which means an ask works just as well as an interoffice memo. It is avoidable when there are more extreme differences between input and output. There was a case of coauthorship, Meltzer vs Zoeller, being rejected when the sketches provided by a man to a contractor were not deemed sufficiently comparable to the actual blueprints produced. Not in what they depicted but in quality. The thing is, fanfic, really isn’t that much different from original fic, which really isn’t that much different from professional fic. Text is text, so that kind of difference isn’t there. It’s not really a defense for fiction. Once it’s the same essential thing: text, it’s fixed in a tangible medium.
Common design, yeah, well you’re doing the exact same thing: trying to grow a storyline and characters in a certain direction. Basically, if this goes to court, this is there.
Now, we’re down to one person’s word vs another’s. Was there effort? If someone is bringing suit, they think there was enough effort. They can point to all the interactions they had with the author, even the ones that the author never wrote back. How much effort does there have to be? Again, no hourly quota. This is weak sauce as a defense.
Unfortunately, these last three, are the ones that the courts have built the concept of joint authorship out of since Maurel v. Smith in 1915. And if there is any evidence at all, two out of the three are not in the professional’s favor.
Will the court rule in favor of the professional artist who did all the work and probably didn’t even think about the fan-suggestion? Yes, probably. Probably. On balance the court has not sided with people making the coauthor argument. And many more fans rely on saying it was their idea, which has no standing, so it gets tossed out but that’s still a big waste of time.
But imagine you’re the professional.
Every single suggestion you get like this is a risk that you’re going to have to face this legal hassle because the bar for grounds for the case to go ahead is going to be passed because of the situation - it’s fixed in a tangible medium for all to see.
The more famous you are and your product is, the more fan interactions you have. More fan interactions means more suggestions. In other words, the bigger you are, the more dice you have to roll about this legal issue coming up.
It doesn’t matter how often you win. Because you have to pay legal fees for every case. And most of the people who are going to cause this problem don’t have the money to reimburse your legal fees, no matter what the court commands. They’ll go bankrupt and start over. You’ll still have bills. Growing piles of them as you try to stay above water.
So, in that case, as an honest assessment of the situation, do you want to just let the dice roll and hope for the best? Or do you just put up your hands and say: no, I’m not playing. The risk is too high for me, even if it works out, and too low for everyone else, even if it goes completely against them.
The logical incentive is to do what seananmcguire does and ask not to play the game. Running the numbers is always bad for the professional. Because the numbers never favor them.
It’s a toss up who it is worse for. An independent professional is going to run out of funds much quicker because they’re 100% responsible for their own funding. A professional who works for a big company might rely on them for funding the legal case. But corporations are heartless about running the numbers. If you’ve never been in a room with money people you have no idea how cold it is. It’s never, “hey, I’m worried, let’s fire a couple thousand people to protect our profit margin, to be safe,” it’s the calm reassurance that, “The bonds will be repaid.” And when those people see a profit margin error with an artist who attracted unnecessary legal trouble - on the chopping block the professional artist goes. And they go on the block as fast as an exec calculates they can get away with it. Which means they’re out of a job. And the money people at the next job will make very careful considerations about hiring them at all.
And that’s just the technical issue. Just the legal and monetary repercussions. And only from one direction. If the fan gets a clever lawyer the case will be based on something completely different. And I just used text because once you add images in addition, there are more laws that apply. For the comics industry I wouldn’t be surprised if Trade Secret applied in addition to Trademark and Tradedress. …At least I think there are Tradedress issues with how the comic books themselves are designed. I don’t know. Maybe not. Besides the point anyway.
There is, as already mentioned, the social problem. And who wants to deal with that when it’s a storm just saying, hey, this is legally difficult and I don’t want to engage. Just a pain.
I feel like what somebody should really do is make an easy access legal faq for fans. I suspect it gets done all the time. But, you know, just a nice link of: Please click here to get an explanation. Maybe if I have another day like today of obsessive internetting and refusing to eat I’ll start on that.
I’ve been watching this go back and forth and watching people write very beautifully-constructed responses as to why people shouldn’t do this specific thing to Seanan, but honestly, it all comes down to this:
She asked you not to do it.
A friend of mine in the local con circuit has a very strong reaction to people coming up behind her and talking when she can’t see them, especially if she’s sitting down. This happens sometimes at cons and is “normal” to do to a certain extent in a busy bar: people come up to a table, possibly behind someone, and say hello.
But, and this is important, we don’t do that to this friend, because she asked us not to, because it upsets her. We make sure to come up to a table she’s at in a way that she can see us.
It doesn’t matter if it’s legal or generally socially acceptable in that group. It. Doesn’t. Matter.
What matters is that this person asked us not to, for whatever her reasons are, which she does not owe to us.
Seanan does not owe you reasons for you to not do things to her that she has asked you not to do to her.
Seanan has every right to be treated in a very reasonable way that she requests, and has requested repeatedly.
Please stop defending your “right” to do things to my friend that she has asked you not to do.
Please stop doing that thing to my friend. It’s rude. It’s not okay. It’s not cool. You are not being cool when you do that. You are being a jerk.
It’s really that simple.
True and well said. Though it’s worth noting, it *does* help some people to have a logical explaination behind the request.
What I’m saying is “because she said she didn’t want you to” is all the logical explanation people should need, and if it isn’t enough, that’s not on Seanan, nor is requesting further explanation than “because I don’t want you to” anything like ok behavior.
Frankly, at this point, I don’t care if it helps people to have a logical explanation to stop throwing angry ducks at my friend. The only explanation that matters is that Seanan doesn’t want angry ducks thrown at her.
Any other explanation is on people to find out on their own and not ask of her (or those close to her tbh) because please don’t throw angry ducks at me is all the emotional labor she owes people.
Yanno? I shouldn’t have to reframe it as “please don’t scream in my friend’s face” or “please don’t throw angry ducks at my friend” or “please don’t touch my friend” for people to understand.
Yet here we are with people needing for some reason to have essays typed up for them (and they are very nice essays) so they understand why they shouldn’t pull people’s pigtails on the playground.
BECAUSE SHE SAID STOP, THAT’S WHY.
So i went on a date to a haunted house and made friends with the girls behind us. As we’re going through, one of them is holding my hand and a guy leaps out and separates us. I panic as my date is pulling me along, I reach back for her and grab her hand in a group of three other performers and start getting out if there. After a bit I look back to check on her and I discover I’m holding the hand of a six foot tall zombie creature and not a 5'2" girl.
Cue the most terrifying realization of my life.
I had basically kidnapped this performer from his section and abandoned the girl and her friend behind us.
Yes, I screamed. My date thought it was Hilarious.
Yes, we found the girls. Turns out when I grabbed the performers hand, he grabbed theirs so our group wouldn’t be separated. So there was just this zombie in the middle of our group line for like fifty feet
This is like a Scooby Doo bit I love it
I know pirates gonna pirate, but seeing artists talk about torrenting night in the woods is crazy offensive. Like, you expect others to support your art when you’re ripping off individual artists? NITW is made by literally three people (Scott, Bethany, Alec) and their publisher is a mom and pop shop run from somewhere in Michigan like come on. In Scott’s own words:
If you can’t buy Night in the Woods just yet, consider tiding yourself over with Longest Night [itch.io] & Lost Constellation [itch.io]!
They’re both pay-your-own-price aka FREE AS SHIT and are part of the NITW universe!!! Longest Night directly deals with Mae & friends while Lost Constellation is a ghost story in the canon.
Indie game devs really don’t make any money even if their games blow up and become mainstream/popular and risk a lot by even releasing games in the first place. Support your artists.
Anyone: *says anything ever about eating fast food even one time for any reason*
Several people every single time: FFFWKJWKWWUUHHHHHH WHY WOULD YOU DOOOOO THAT TO YOURSELF OMG LOL DONT YOU KNOW ITS BAD DUMMY IDIOT THIS IS WHY YOUR FAT LMAO ENJOY DYING YOUNG STUPID WHY DIDNT YOU TAKE THE TIME TO SUPPORT YOUR LOCAL ORGANIC FOOD TRUCK INSTEAD I GET THE GRASS AND DIRT BOWL ITS JUST $35 MMMMM
The idea that a superintelligent AI will someday overthrow humans has become so popular that when an AI finally appears and wages war on Earth, over half of humanity immediately defects to the AI out of fear. Problem is, the AI turns out to be an absolute idiot.
sure is a shame that i can’t control the elements to reflect my current emotional state. not that i need to be any more cool, sexy and powerful than i already am but nonetheless i think i deserve it
idk if this has already been on tumblr but i saw it on fb and it killed me
Anyway almost every gay person I know used to think they were straight but I literally don’t know a single straight person who used to think they were gay so statistically, whose sexuality is more likely to be a phase? Not mine bitch
I’ve seen a lot of people talk about how they want to be okay, feel better, and I’m gonna drop some knowledge on you right now. Just the fact that you want to feel okay means you’re getting better. You saying ‘this isn’t where I want to be in life’ means you are looking forward, looking to get better. And just that little bit of motivation means that you are okay, because you’re still alive and still looking forward. You haven’t lost hope yet, and I’m sure that’s better compared to where you used to be. I believe in you. Keep getting better.
https://medium.com/s/futurehuman/survival-of-the-richest-9ef6cddd0cc1
Just leaving this here, in case you thought this was hyperbole
megamind called out incels for being creepy n Bad before the concept was widely acknowledged and also its fucking hilarious
Not to be one of those ‘old people’ banging on about youth today and how they use their phones, but I feel like this needs to be said.
Phones are great. It’s a huge help when pet owners are describing a behavior but not very well, and then show me a video instead. Accurate and useful. Likewise describing the appearance of bodily fluids, or showing the progression for various skin diseases.
But if you are going to take a photo or record a video of your pet at the vet clinic in consult, it’s polite to also ask the vet you are also recording if they are cool with you doing so.
Sometimes we are! Sometimes we don’t mind you recording an explanation because it’s easier for you to pass that on that explain to someone at home.
But it’s not pleasant to find your clinic or name on social media to find you had been photographed without your consent.
Likewise, do not photograph other people’s pets without permission and put them onto any social media. Just use a bit of common sense.
Conservatives are just legitimately incapable of understandimg antifa aren't they?? Like, they don't understand that it's not like, an organization, or anything like that. It's just a bunch of people getting together and resisting the far-right. There's not some decision making body where it's decided where certain things will happen.
Here's what happens, this is the whole process for this, honestly:
People see Nazis are organizing locally.
It's posted about in a local antifa Facebook group.
People who don't like Nazis go there and treat them the way they deserve to be treated.
When it's over they leave.
And that's it.
"local Antifa Facebook group." That's exactly what I said. How come when I say it, I'm brainwashed, and when you say it you're laying down the facts?
do you think a Facebook groups constitutes an organization, because if so, the area 51 meme is something I'd be far more worried about if I were you. They must have a MASSIVE underground infrastructure.
guys i think we should really started being more worried about the "cats wearing fruits as hats" facebook page, they've got over 12k followers and they could start organizing en masse soon 😣
god help us if the anime milfs facebook page decides to overthrow america
