On password-protecting fic

[emmagrant01]

This issue comes up every now and then, and I want to know if anyone can answer this question:

If I own a web page on which I post my NC-17 fan fiction, clearly labeled as adult-oriented material, am I legally obligated to actively prevent minors from accessing that material? That is, if I know someone who's 16 is reading my fic, am I legally required to do something to prevent them from having access to it?



I keep hearing that I'm not legally obligated to do such a thing, but I'd like to know for sure. Of course, I think password-protecting fic is a waste of time, for many reasons:

1) If someone really wants to read my fic, they'll get around any system I can devise.
2) The more complex my system is, the more time is required from me to maintain it, which detracts from the reason I'm here in the first place --- to read and write fic.
3) The more complex my system is, the more likely it is that adults will inadvertently be prevented from accessing my fic. Some might even decide it isn't worth the trouble, and won't bother emailing me for the password. And I'll admit I do this myself. Unless a fic comes highly recommended, I tend to pass on by if I'm required to register or request a password. Not worth the time and effort, IME. There's plenty of great fic out there.
4) It isn't my job to take care of other people's kids. If your kid has spent the last four hours reading Left My Heart, and you didn't know what they were doing until they asked you what "rimming" was, you're an irresponsible parent. Don't try to foist the blame on me.
5) As jedirita recently pointed out, there is no rating system for literature in the US. If a 15-year-old wants to buy Best American Erotica, they can. We put ratings on our fic as a warning/advertisement/service for our readers. We aren't required to do so, and in the old 'zine days, fics were rarely rated.
6) When I was 13, I was writing fan fiction with mild adult content. This was in the olden days, pre-internet, but I would have loved to have beeen part of an internet fan fiction community back then. I'm incredibly envious of teenagers in fandom today, and I don't want to deny the ones who are mature enough to handle it an opportunity to participate, improve their writing, and read lots of fiction. I've met some amazing writers through LJ who are 16 and 17, and who are doing great work. I'm not going to pretend they don't exist until they pass an arbitrary birthday.



Well, now that I've got that off my chest, what do you think? In particular, if anyone knows what the law is on this, could you advise me? Point me to documentation, even? Thanks in advance.

ETA: belleweather has posted an essay explaining the legal stuff I'm wondering about. Very interesting!

Comments

Re: Oh YES they can

[shezan.livejournal.com]

When I wrote "they can", I meant, yes, the law is definitely behind the author; but don't take my word for it, go ask a real lawyer like ajhalluk.

Re: Oh YES they can

[belleweather.livejournal.com]

Actually, whether or not fanfiction qualifies as fair use is still quite up in the air. There is no caselaw in the UK having to do with the limits of fair use, and there's very little in the US and what there is conflicts. (I don't have the actual case names with me because my copyright book is mysteriously missing, but Haughton-Mifflin (The case about "The Wind Done Gone") is the decision that most people think expands fair use rights enough to let us do what we do, but there is a conflicting case...) So no one knows, and the biggest threat that an author can make to a fanfic writer is that they're going to try to bring a case against you.

As far as JKR is concerned, I know that she has sent "Cease and Desist" letters to some archives asking that they better protect their NC-17 Material. My understanding is that the archives chose to use passwords, rather than that being something that JKR specified in the letter. I know that she is concerned about children stumbling on to NC-17 fanfic. But if you were to chose to use a password it would be in deference to her wishes, not because she can legally "require" you to... she could potentially sue you for copyright infringement, but that doesn't give her the right to allow it and ask you to use a password.

Did that make ANY Sense?

Re: Oh YES they can

[emmagrant01.livejournal.com]

Yes, absolutely! Thanks! I don't suppose you'd be interested in posting something about the whole copyright issue too? *bats eyelashes*

Re: Oh YES they can

[belleweather.livejournal.com]

I'd be happy to, but I want to wait until after Thursday which is when we talk about fanfiction and fair use in my copyright class. :) Not that the whole issue isn't terrifying, because I'm sure I'm going to our myself, but I'm interested to see what my professor has to say about it.