Fanlore will be adopting a DMCA policy similar to Wikipedia's. This policy does not significantly change Fanlore's existing policies, but simply protects Fanlore from money damages and presents copyright holders with an additional recourse if they believe their work is being infringed.
What is the DMCA?
The Digital Millennium Copyright Act
(DMCA) is part of US copyright law, 17 U.S.C. §512. Compliance with the DMCA protects us from money damages in any case where someone posted infringing content on Fanlore or AO3, as long as we took down that content when properly notified about it.
The DMCA provides an alternative option for a copyright holder who believes their work is being infringed on Fanlore. It does not change our policies regarding the use of copyrighted material on Fanlore
). We will still decline to remove noninfringing, transformative or fair use content. We already ban copyright infringement, and may permanently suspend a user who repeatedly posts infringing materials on Fanlore.
Copyright holders do not need to file a formal DMCA takedown notice to contest the use of their material on Fanlore, and are encouraged to seek resolution by sending an informal request to the Fanlore Committee
Why would Fanlore want to do this, if it is going to continue looking at fair use?
To put it briefly, having a DMCA policy makes it easier to shake off trolls
. For copyright owners/businesses just interested in demanding thousands of dollars, it's not worth sending us threatening letters if we have a DMCA policy, since we are protected against money damages.
Doesn't the DMCA require websites to take down content regardless of fair use?
That's how most providers, most of the time, implement it, because that's the cheapest way to do it, and most providers don't have ideological commitments to fair use that outweigh their desires to save money. Wikipedia, however, has a DMCA policy and a commitment to fair use, and follows the policy we are adopting. We believe that we can remain committed to fair use while providing a streamlined way to address true infringements.The Policy: http://fanlore.org/wiki/Fanlore:DMCA_Policy
The policy will go into effect in two weeks. During this time you are invited to voice any concerns you have with the wording of the policy, e.g. if something is unclear. Note that we will not change the content of the policy.