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

[hearts-n-roses.livejournal.com]

I don't know of any law that requires you to password protect fanfiction, or any written work for that matter. Pornographic images maybe, but not literature. Even if there was, the amount of questionable material available on the internet is immense, a little fanfic would be the least of my worries.

Now as a parent of two girls age 12 and almost 15, I can honestly say if they wanna read it let them read it. I don't censor my kids, and I know not every parent agrees with my attitude. Both of my girls watch Queer as Folk and love it! My oldest daughter reads HP fanfic and ships H/D. My youngest daughter also reads fic, but sticks to G/PG rated humor fics mostly because reading about sex just doesn't interest her yet. If they are old enough to understand sex, and the emotions behind it, then I don't see why they aren't old enough to read about it. As I said, my girls love Queer as Folk. They adore the characters and the storylines, that being said, my youngest daughter will close her eyes during graphic sex scenes. It's just not something she is ready to see. My oldest daughter isn't phased by it at all. There is nothing worse in there than in half the movies they watch and half the prime time tv shows out there. I have a bigger issue with violence than I do sex, but even that I don't censor if they feel they are mature enough to handle it.

We are a very open family. No subject is taboo, and my girls know they can talk about anything in my presence, and they have. I feel like this discussion with them is valuable and alot of it arises from things they see or read. This is the real world, and sex is part of real life, if they feel they are ready to read about it, who am I to say their not.

Now this is my opinion as a parent, and I know many people disagree. I'm not trying to argue it at all. It's just my thoughts, and everyone has a right to raise there own children as they see fit.

Guess I got a little OT there, but only kinda. I'm sure you got my point...lol.

[luahoana.livejournal.com]

Just wanted to tell you that I agree *completely*.

[hearts-n-roses.livejournal.com]

Thanks.

A lot of people don't, and that's ok too.