Monetization Of Fandom - Blog Posts

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 WAS SENT TO A FRIEND. NOT ME*

the friend who received this is too nice to say something about it but i have reached a point now where i have seen them receive so many messages like this that i just can't keep my mouth shut anymore

this is straight up evil behaviour. whatever lighthearted tone this anon thought they were sending this with, i don't care. it's gross in every sense.

i'm speaking directly to whoever sent this now and frankly, if you follow me, non, unfollow me right fucking now because i don't want this energy anywhere near my blog. it hurts enough that you've targeted my friends with it.

listen up because apparently it bears repeating for the millionth fucking time -

FANFICTION AUTHORS ARE HUMAN BEINGS. they have lives and jobs and school and things they struggle with. maybe they've even spoken publicly about their struggles in the hopes their readers would understand them a bit better because at the end of the day this is a community and they have every right to use this space however they fucking want to.

"don't start a fic you can't finish" - literally shut up. shut up! we are not paid to do this, i will start and not finish whatever the fuck i want.

and holy shit, anon. as if this message wasn't disgusting enough, please let me state plainly something you "desperately" need to hear: no robot can give you what a human writer can. and the fact that you even threatened to just go to AI at this point shows how little you care about storytellers and all they provide for you.

again, i don't care if every word of this message was sent in jest or meant to be read playfully. it's not fucking cute. this shit hurts writers and ya'll need to realize that.

if you take time out of your life to send messages like this, you're a bad person. period. this is not how fanfic works, it's not how the world works. if you can wait two-three years for a movie or a new season of your favourite tv show, you can wait a few months for a fanfic to update. or you can wait forever. we literally owe you nothing.

i'm done sugarcoating it, ya'll. disrespectfully, grow up. grow up! enough is enough.

anyway