Posted by Caitlynne
https://www.transformativeworks.org/otw-signal-january-2026/
https://www.transformativeworks.org/?p=277270
Every month in OTW Signal, we take a look at stories that connect to the OTW’s mission and projects, including issues related to legal matters, technology, academia, fannish history and preservation issues of fandom, fan culture, and transformative works.
In the News
As part of Copyright Week 2026, the Electronic Frontier Foundation (EFF) highlighted a broken aspect of U.S. copyright law: statutory damages. These are fines imposed on platforms and users for copyright infringement, and because there is little guidance on how to calculate them, they can far exceed the amount of actual financial harm—up to $150,000 per work. For the many internet users whose online presence relies on re-use, this creates steep risk and encourages online censorship.
Massive, unpredictable damages awards for copyright infringement, such as a $222,000 penalty for sharing 24 music tracks online, are the fuel that drives overzealous or downright abusive takedowns of creative material from online platforms. Capricious and error-prone copyright enforcement bots, like YouTube’s Content ID, were created in part to avoid the threat of massive statutory damages against the platform. Those same damages create an ever-present bias in favor of major rightsholders and against innocent users in the platforms’ enforcement decisions. And they stop platforms from addressing the serious problems of careless and downright abusive copyright takedowns. […]
“But wait”, you might say, “don’t legal protections like fair use and the safe harbors of the Digital Millennium Copyright Act protect users and platforms?” They do—but the threat of statutory damages makes that protection brittle. Fair use allows for many important re-uses of copyrighted works without permission. But fair use … can sometimes be difficult to predict when copyright is applied to new uses. Even well-intentioned and well-resourced users avoid experimenting at the boundaries of fair use when the cost of a court disagreeing is so high and unpredictable.
The EFF proposes a fairer system: limit statutory damages to a multiple of harm or eliminate them altogether in cases of good-faith fair use.
The EFF has a long history of tackling problems in U.S. copyright law. In 2008, with support from the OTW, the EFF petitioned the U.S. Copyright Office for an exemption to the DMCA’s anticircumvention provisions in order to allow noncommercial remix artists, such as vidders, to break DVD encryption for the purpose of obtaining short, high quality clips for inclusion in noncommercial remix videos. The EFF and the OTW, along with New Media Rights, continue to file renewal petitions to keep this exemption active.
The OTW received a request from an Advanced Placement high school student who is conducting a study about the effects of fanfiction and fandom on interpersonal development. To take part in this study, fans can answer a survey about the fandoms they are involved in, the fanfiction they read, and their experiences interacting with other fans. For more information, please visit the survey link above.
This study is being conducted as part of the Advanced Placement Capstone Diploma Program and is being supervised by Stephen Westbrook. Questions about this study can be directed to Stephen Westbrook.
AO3 and the OTW are not endorsing this project, but we are signal-boosting this link for informational purposes.
OTW Tips
International Fanworks Day (IFD) is just around the corner on February 15th! This year’s theme is Alternate Universes (AU), and we’d love to hear from you—what are your favorite AUs, your go-to AU categories, or treasured headcanons? Tag your posts with #IFD2026, and we may signal-boost them on our OTW social media accounts!
P.S. Today (January 28th) is the last day to let us know about any events you’ll be running in your community for this IFD! You can submit your events through this form.
We want your suggestions for the next OTW Signal post! If you know of an essay, video, article, podcast, or news story you think we should know about, send us a link. We are looking for content in all languages! Submitting a link doesn’t guarantee that it will be included in an OTW post, and inclusion of a link doesn’t mean that it is endorsed by the OTW.
https://www.transformativeworks.org/otw-signal-january-2026/
https://www.transformativeworks.org/?p=277270