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Getting away with shit and shit being legal are two very different things. 😉
And, to be fair, shit being illegal and companies threatening you with legal action are also very different things.
The oldschool ones were not for charity. You could make a fair use argument, but most zines survive simply because rights holders don’t bother to go after them. Small print runs of physical objects are often not seen as significant enough to bother with. Zine makers often argue that they’re only charging because they need to cover the printer’s bill. Some prices on old zines bear this out; others don’t.
Plenty of zines did get shut down by rights holders, however, from big-for-sff-publishing names like Chelsea Quinn Yarbro to Hollywood types like George Lucas. The reasons ranged from “My historical figure vampire is super original and your random-ass zine is endangering my copyright” (Fuck you, CQY. I’m never reading a page of your crap!) to “I just don’t like Luke/Leia for some reason but won’t tell you why” (LOL). I hear Lucas went after horny zines in general too. I wasn’t around for any of this, obviously, but there are writeups online, including on Fanlore.
I presume modern zines benefit from the greater awareness around fair use and around bad press from suppressing fanworks, but they could still be in danger from big rights holders. Being legal or illegal is less important than who has the money for lawyers. Sometimes, a fan can get a big corp to back off by brazening it out, but you have to tell them your legal name and go “Come at me, bro!” Who wants to do that?
Fic Patreons are not only on shaky legal ground, but Patreon does not allow that use of the site. It’s a private company, not a public service, and it can pretty much do as it pleases. Here are the guidelines in part:
Restrictions
We don’t allow creations and benefits that violate our terms or policies. You can learn more by visiting our Community Guidelines and Benefit Guidelines. A high level summary of those rules is that we don’t allow:
- illegal creations or benefits;
- creations or benefits that are abusive towards other people;
- creations or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected as fair use;
- or creations or benefits with real people engaging in sexual acts.
If your fans include people under the age of 18, then please remind them that they need their parent’s or legal guardian’s permission to purchase an offering or membership subscription on Patreon, and that those under the age of 13 cannot use Patreon. We are not required to allow any particular person or group of persons to be a patron or otherwise access Patreon services.
Now, yes, they do make an exception for fair use, but I doubt they’ll side with the majority of fanworks creators on their particular Patreon works counting as fair use. (Actually, they might be more lenient on RPF. That “real people” rule is about porn starring live actors, not about RPF.) They might rule in favor of the person selling their fic on there, but they very well might not, and even if you were willing to fight it out in court, you probably couldn’t since Patreon would be denying you service on their site, not suing you. They can deny service to whomever they want any time they want.
I don’t advocate tattling to Patreon simply because I don’t think there’s any social contract around respecting Patreon’s wishes, nor are Patreons I don’t back super visible and in my face. Patreon is built by people who get paid to do that; the extra ethical issues present on AO3 are not present here. I don’t really approve, but I’m also not going to go out of my way to rat on people. However, I’m sure that fandom enemies of BNFs with Patreons do tattle. I’d advise anyone monetizing this way to have other contact info for their patrons in case they suddenly get kicked off.
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Basically, people are flying under the radar, and then periodically, there’s a big drama where a rights holder or hosting site destroys everything.
Discussion ¬