Terms of Service Draft Part Two
Mirrored from otw_news on LJ

Note: The first part of the Terms of Service draft, including introductory statements, may be found here. Please feel free to leave feedback either on the LJ post or via email (content@transformativeworks.org).

IV. Content and Abuse Policies

We recognize that there is no such thing as a popular abuse policy. By their nature, abuse complaints are unpleasant at best. And policy needs to be applied by people, which always complicates matters. We have tried to set out clear procedures to minimize and channel the inevitable conflicts.

The Content and Abuse policy covers procedures, spam and commercial promotion, threatening the technical integrity of the site, copyright, plagiarism, personal information and fannish identities, harassment, illegal and non-fanwork content, and ratings and warnings. We have developed a FAQ page to answer additional questions about Content and Abuse.

The Archive does not prescreen for content. Complaints are investigated only when they are submitted through the appropriate channels and with the appropriate information.

1. Procedures

a. Submitting a complaint

Complaints may be submitted to [abuse@archiveofourown.org/web form]. Except in the case of copyright complaints, a complainant may submit a complaint via the web form, which does not require identifying information. Depending on the nature of the complaint, however, anonymity may hinder our ability to verify the complaint or affect the credibility of the complaint. In order for the abuse team to follow up on any allegation, the exact location (URL) and nature of the alleged violation must be supplied in the original complaint. Repeated unverified abuse complaints from the same source may be subject to summary rejection.

b. Treatment and investigation of complaints

Only people who need to know about a complaint will be informed about it. The details of any individual complaint are confidential and must be used only in resolving that complaint.

The subject of a complaint may also be among those who need to know about it. Only information provided in the complaint will be passed on. The complainant has complete control over what information is submitted to Abuse, and can submit the complaint anonymously. (Legal names and other information sufficient to identify a person in the physical world will never be disclosed as part of a standard abuse complaint. For further clarification, please see [link]our privacy policy[/link].)

In general, the abuse team will only communicate with the subject of a complaint if there appears to be a violation of the abuse policy, or if the abuse team needs more information to resolve the issue.

The abuse team records the IP address from which each anonymous complaint is submitted, to prevent abuse of the abuse system.

Subject to obligations of confidentiality about specific complaints, the abuse team may release statistics about general trends, such as the number of plagiarism complaints made and the actions taken by the abuse team, in public or to other OTW committees, to facilitate discussions of policies, procedures, and trends in abuse complaints.

Complaints will be reviewed by two members from the volunteer abuse team. If they agree on an action, that action will be taken. If they disagree, a third member will review the complaint, and the team will proceed by majority vote.

When the abuse term determines that content needs to be removed, if contact information is available, the abuse team will notify the original poster (the complaint subject), identify the nature of the problem with the content, and set a deadline for voluntary removal of the content. If the original poster does not remove the content within the deadline, the Archive will remove the content. In addition, we may remove content immediately, without waiting for a response, if we are contacted by a legitimate law enforcement agency or if we determine that the content is threatening to an individual or reveals an individual's personal information without consent. In such cases we will inform the original poster as soon as possible. The original poster will then have the option to resubmit with the violating content removed.

The abuse team may also determine that tags need to be added to or edited in an item of content. For more information, please see the ratings/warnings section.

If content violating the ToS is posted anonymously or with invalid contact information, it will be removed without prior notice.

If the complainant requests notification of the resolution of the complaint and provides contact information, we will notify him or her.

c. Submitting an appeal

The complainant or the original poster may appeal a decision to the abuse team as a whole. During the appeal, the original decision will remain in effect. We will attempt to resolve appeals as speedily as possible, but please remember that we are all volunteers. The abuse team's decisions are final unless overturned by the Board at the Board's sole discretion.

d. Account statuses

"Account status" refers to the existence of warnings or strikes against an account, and whether that account has been suspended, temporarily or permanently. (What do the different account statuses mean?).

A violation of the ToS will count as a "strike." However, the abuse team can decide to issue a warning instead of a strike, at its discretion, for a first violation, or a violation that comes after an extended period of non-violation. The abuse team's discretion will be informed by the nature of the violation and the response of the user, including the user's decision to voluntarily remove the content that violates the ToS.

A first strike will trigger a one-month suspension of the ability to upload Content. A second strike will trigger a two-month suspension. A third strike will result in the permanent suspension of a user's account, and the user may not rejoin under another identity. In cases in which multiple violations are discovered at once, we may decide to impose the most severe sanction immediately.

Where possible, we encourage users to try mediating disputes before contacting Abuse. We provide tools for registered users to control Content that is uploaded in their own spaces. For example, users are able to delete comments on their own stories. If you are unable to resolve the problem on your own, you can file a complaint with the volunteer abuse team.

In some cases, objectionable content may have already been deleted before the abuse team acts. We appreciate good faith attempts to resolve disputes, and in most such cases will close the abuse complaint with no further action. However, we reserve the right to consider individual circumstances, including whether the poster has engaged in a pattern of such conduct. In such cases, if we verify that the original content violated the ToS, we may still decide to assess a strike against the original poster.

Penalties apply to users, not to screen names/pseudonyms. Penalties are not retroactive: a suspended user's nonobjectionable content will not be automatically removed. Suspended users retain the right to delete or orphan their fanworks by contacting [someone who remains to be determined].

2. Spam and commercial promotion

Promotion of commercial products or activities is not allowed. Repeated identical posts in multiple places, e.g., a large number of identical comments promoting a website, will also be considered spam regardless of commercial content.

Spam reports will not be subject to the two-person review process described above, and anything we determine is spam will be removed immediately. Users may be permanently suspended for spam the first time they post spam content.

In general, unsolicited commercial activity is not permitted on the archive. The abuse team has discretion to decide that a fan-related offer was mistakenly disseminated and issue a warning instead of a strike or immediate suspension.

Any spam- or commercial activity-related penalties may be appealed using the ordinary appeal process.

We may use automated means to filter out spam. If you submit content that is erroneously caught in a spam filter, please notify us at [help address/help form].

3. Threatening the technical integrity of the site

Conduct that threatens the technical integrity of the archive, e.g. attempts to hack the site or spread viruses through it, will result in an immediate suspension and deletion of any content that is hazardous to the operation of the site or to users' computers. Threats to the technical integrity of the archive will not be subject to the two-person review process described above. Users may be permanently suspended for threatening the technical integrity of the archive the first time they do so. Such suspensions may be appealed using the ordinary appeal process.

Uploading technically misnamed content -- e.g., non-text files with a text file extension name, used to disguise their actual format -- constitutes a threat to the technical integrity of the site.

Attempting to interfere with other people's use of the site -- e.g., embedding code in your story to produce pop-ups or resize the readers' screens -- also constitutes a threat to the technical integrity of the site.

4. Copyright and Trademark

Please be aware that the OTW believes that transformative fanworks are legal; therefore, complaints based merely on the existence of fanwork based on copyrighted content or mentioning trademarks will not be pursued.

If you believe that your content has been reproduced in whole or in part, without transformative use (transformative use is defined by the OTW as adding something new, with a further purpose or different character, altering the source with new expression, meaning, or message), please follow our procedures for reporting copyright infringement.

The report must clearly and specifically indicate the exact location (URL), nature, and extent of each instance of allegedly infringing content, as well as the exact copyrighted material that is being infringed, as well as full and complete contact information for the copyright holder and/or an authorized agent.

Epigraphs and short quotations, including quotations from song lyrics and poetry, are allowed. Content that is set within or draws on an existing work is allowed. Reproductions of entire copyrighted works -- whether songs, poems, transcripts, or other material -- are not allowed without the consent of the copyright owner.

[Please note that the first version of the archive will only host text. This policy applies to text; future policies will focus on other media.]

5. Plagiarism

Plagiarism is often a contested and fuzzy concept, and no definition will satisfy everyone. Our aim is to be transparent and fair in resolving disputes.

Plagiarism is the use of someone else’s words or concepts without properly attributing those words or concepts to their original source. Simply finding and replacing names, substituting synonyms, or rearranging a few words is not enough to make the work original to you. Deliberately writing a work using the same general idea as another work is not plagiarism, but citation is always appreciated. Generally, quotes from the source material (canon) on which the content is based will not constitute plagiarism, nor will obvious allusions ("Use the Force, Luke!"). However, when in doubt, cite.

Plagiarism is a violation of the ToS and will incur the penalties described in the abuse policy. As with all content that violates the ToS, plagiarized content must be removed. Depending on the type and amount of plagiarized content, this might entail removing an entire piece of content, removing only the plagiarized portions from a longer work while leaving the original material, or adding citations.

If you believe a fanwork posted on the archive plagiarizes another work, please report the work to [abuse@archiveofourown.org/web form]. In order to allow us to investigate, please provide a link to the work on the archive, relevant excerpts, and a specific citation of the original material (for example, a URL or a book edition and page number).

6. Personal information and fannish identities

The OTW is committed to protecting the privacy of our users, including the separation many fans choose to keep between their legal, "real life" names and their fannish pseudonyms. Unauthorized disclosure of a fan's personal information is a violation of the Terms of Service. For these purposes, "personal information" may include legal names and other information sufficient to identify a person in the physical world that he or she has not voluntarily shared on the Archive itself.

7. Harassment

Harassment is any behavior that produces a generally hostile environment for its target. This includes activities such as bullying and hazing by groups of people as well as personal attacks by individuals. Not everyone agrees about what is offensive and unacceptable. Individual users are encouraged to try to resolve problems on their own before contacting the abuse team.

Harassment is not allowed. Users engaging in this behavior may be warned or banned as described in the general abuse procedure.

When judging whether a specific incident constitutes harassment, the abuse team will consider factors such as whether the behavior was repeated, whether it was repeated after the offender was asked to stop, whether the behavior was targeted at a specific person, whether that target could have easily avoided encountering the behavior, whether the behavior would be considered unacceptable according to normal community standards, etc. Additionally, making complaints that are both (a) repeated and (b) baseless, particularly those targeting a specific user, can be considered harassing behavior and may be deemed a violation of the ToS.

While these complaints will be reviewed on a case by case basis, in general, threatening content will be considered harassment, while content that is merely annoying will be allowed. Please note that most statements like "X is a terrible actor and should die!" are not death threats. Writing a story where X dies as part of the plot is also not usually a death threat. Content that is harder to avoid (such as comments on the target's fanworks) will be judged more strictly than content that is easily avoidable (such as stories).

The behavior of the original poster (the complaint subject) may also affect the abuse team's determination. If the original poster repeatedly contacts the subject of the content about the content, harasses the subject, or requests that others harass the subject, the content may be considered part of a general pattern of harassment and be removed. Please use your best judgment both when producing content of this type and when reporting it.

A special note on RPF (real-person fiction):

Writing RPF (real-person fiction) never constitutes harassment in and of itself. However, content that advocates specific, real harmful actions towards real people is not allowed. This includes, but is not limited to, death threats and requests for readers to harass specific people. If you find content that you believe contains harassing or threatening material, please [link]contact the abuse team[/link].

8. Illegal and inappropriate content

The Archive of Our Own is a place for fanworks. Content may not be uploaded to OTW’s servers if it contains or links to child pornography (images of real children); warez, cracks, hacks or other executable files and their associated utilities; trade secrets, restricted technologies, or classified information; or if it consists entirely of actual instruction manuals, technical data, recipes, or other non-fanwork content. Uploading such content is a violation of the ToS.

We may determine that we need to remove content to resolve a threatened or pending lawsuit. If so, we will remove the content. Unless it otherwise violates the ToS, removal for this reason will not count as a strike.

If you believe content violates a specific law, you may report it to us. Please, however, read our offensive content policy below.

9. Offensive content

As provided in the Terms of Service [link to I.5.b], the OTW is not liable to you for any Content to which you are exposed on or because of the OTW sites.

Unless it violates some other policy, we will not remove Content for offensiveness, no matter how awful, repugnant, or badly spelled we may personally find that content to be.

10. Ratings and Warnings

I. Introduction

1. We will not require specific ratings or warnings. However, a creator who chooses not to use ratings or warnings on a fanwork must signal this choice. Further information may be found in the FAQ.
2. By default, all users will see the warnings the creator has selected. Any logged-in user who wishes to avoid warnings may set preferences to hide warnings by default. You can set your preferences to hide warnings by default [this sentence will turn into a link when this feature goes live]. Logged-in users who set their preferences to hide warnings are proceeding at their own risk and may be exposed to content they would otherwise wish to avoid. Such users may change their preferences, or reveal warnings, at any time.
3. Logged-in users may set their preferences to indicate that they are willing to see mature or explicit content. Other users, including users who are not registered users of the site, who follow a link to a fanwork rated mature, explicit, or “not rated,” will be asked to agree to see mature, explicit, or unrated content. The archive software will remember a user's choice during that user's visit, but will not retain the setting for future visits.

II. Ratings

A. The archive uses the following ratings:

1. General audiences—the content is generally suitable for any audience.
2. Teen and up audiences—the content may be inappropriate for audiences under 13.
3. Mature—the content deals with adult concepts (violence, sex, or other similar content).
4. Explicit—the content features explicit/graphic violence, sex, or other similar content.
5. Not rated—the author has chosen not to rate. This may be content of any type.

B. As a rule, the creator controls the rating.

In response to a complaint, the abuse team may decide that a “general” or “teen” rating is misleading. In such cases, the creator may be required to change the rating. If the creator declines or fails to respond, the abuse team may set the rating at “not rated.” The abuse team’s authority extends only to changing a rating to “not rated,” not to selecting any other rating.

C. The meaning of "not rated" :

Fanworks labeled “not rated” may be treated, for purposes of searching, screening, and other archive functions, like “explicit”-rated fanworks. Thus, users may be asked to agree that they have chosen to access the fanwork before proceeding to the fanwork.

III. Warnings

A. General description:
There are two components to the warning tags.
(1) Primary tags: Creators can select from a list of common warnings. Click here for the list. The list also allows creators to select “choose not to warn,” “choose not to warn for some content,” and “none of these warnings apply.”
(2) Secondary (optional) tags: Creators can define their own tags, as seriously or as humorously as they like. These can include specific content warnings or promises. The warnings policy only covers primary tags.

B. As a rule, the creator controls the warnings

Selecting one of the "choose not to warn" options satisfies a creator's obligation under the warnings policy. If a fanwork uses a "choose not to warn" option, we will not sustain any failure-to-warn complaints. If the abuse team receives a failure-to-warn complaint when a creator has not used one of the "choose not to warn" options, the abuse team may decide the absence of a specific warning from the primary list (part one) is misleading. In such cases, the creator may be asked to add a warning or to select "choose not to warn for some content." If the creator declines or fails to respond, the abuse team may set the rating at “choose not to warn for some content.” The abuse team’s authority extends only to changing a warning to “choose not to warn for some content,” not to selecting any other warning.

C. The meaning of “choose not to warn” or “choose not to warn for some content” :

Both terms mean that the fanwork may contain any of the other contents on the primary list. Users who wish to avoid specific elements entirely should not access fanworks marked with “choose not to warn” or “choose not to warn for some elements.” The difference between the two is that “choose not to warn” can be used in lieu of all warnings. “Choose not to warn for some elements” can be used when the author wants to use some warnings, but perhaps not all that might apply.

IV. Consequence of failure to use an appropriate rating or warning

In general, failure to use an appropriate rating or warning is not a violation of the abuse policy.

It is our policy to defer to creators' categorizations, but we reserve the right to recategorize a fanwork in two situations. (1) When we determine that a complaint about a "general" or "teen and up" rating is valid, we may change the rating to “not rated." (2) When we determine that a complaint about a failure to warn for content on the primary tag list is valid, we may add “choose not to warn for some elements” to the warnings. The abuse team will not pick a more specific rating or warning for a fanwork.

A recategorization decision is appealable through the ordinary abuse appeals process.

A recategorization does not remove a fanwork from the archive. A recategorization is not a strike, except that a pattern of three or more recategorizations may count as a strike, and further recategorizations required after such a strike has been assessed may also count as a strike. Moreover, if a creator unilaterally reverses a recategorization, without agreement from the abuse team, that will count as a strike.

--

Material in this draft has been drawn from Slashcity, NearlyFreeSpeech.Net, Vox Populli, imeem.





Content Policies and Abuse Procedures

8. What do the different account statuses mean?

We define account statuses the following way:

Warning: at its discretion, the abuse team may issue a warning, rather than a first strike, in the instance of minor violations of the ToS. Unlike a strike, a warning is time-limited; if no further violations occur during the warning period, the warning will expire and any later violations will count as a first, rather than a second, strike. If the user again violates the ToS within the warning period, however, that violation will count as a second strike. Again, the abuse team is never required to warn rather than suspend, but this option is available to them.

Suspension: the abuse team may issue a time-limited ban on the uploading of new content and creation of new accounts; suspension occurs as the result of strikes incurred for violating the Archive’s ToS. During this time, the suspended user can remove, but not edit, content uploaded prior to the suspension.

Permanent Suspension: the abuse team may issue a permanent ban on the uploading of new content. Permanently suspended users cannot create new accounts or upload content to Archive, though they retain the right to remove, but not edit, content uploaded prior to the permanent suspension.

9. If I complain non-anonymously, will the subject be told who complained?

Only people who need to know about a complaint will be informed about it. The subject of a complaint may be among those who need to know. No information other than that provided in the complaint will be passed on, and the complainant has complete control over what information is submitted to Abuse. Complaints can be submitted anonymously. Legal names and other information sufficient to identify a person in the physical world will never be disclosed as part of a standard abuse complaint. For further clarification, please see our privacy policy.

10. Will I be informed of complaints against me?

In general, the abuse team will only communicate with the subject of a complaint if there appears to be a violation of the abuse policy, or if the abuse team needs more information to resolve the issue.

11. How would the suspended user control their nonobjectionable content without an account?

Nonobjectionable fanworks are not removed from the site when a user is suspended. Suspended users who wish to delete or orphan their fanworks may contact the abuse team to have this done for them.

12. What information is available about a permanently suspended or deleted account? Can I reuse a userID that belonged to a deleted account?

Permanent suspension doesn't delete accounts; unless deleted by the user, any existing content that doesn't violate the content policy remains. The technical details aren't settled, but because of the ability to create multiple overlapping pseudonyms, it is likely that a userID that has been deleted by the user won't be available to other people.

Spam and Commercial Promotion

13. How strict is the “no commerce” rule?

We want the archive to remain a noncommercial space. That means that it isn't the right place for offering merchandise, even fan-related merchandise. Linking to a personal page is fine, even if the personal page offers items for sale, but the archive is not advertising space. If the abuse team issues a warning or sustains a complaint about commercial activities, the original poster can always appeal.

14. What about charity drives?

The archive will host fanworks of any origin, including fanworks created in response to charity drives or other challenges. A link to a charity drive to explain the origin of a fanwork is appropriate. Solicitation itself, however, should take place outside the archive. We concluded that this policy was the easiest to apply fairly to everyone, given the wide range of possible solicitation activities.

Harassment

15. Does the harassment policy cover everyone, or just archive users?

Both archive users and non-users might potentially complain about harassment. In today's online environment, the line between non-user and user can be blurry, and so our policy covers both users and non-users. Writing RPF (real-person fiction), however, never constitutes harassment in and of itself, even if the content is objectionable. Please see the harassment policy for more information.

Plagiarism

16. Can a person submit a plagiarism complaint anonymously, or without being the author of the plagiarized work?

Yes. Except in the case of copyright complaints, a complaining person may submit a complaint via the web form, which does not require identifying information.

Pseudonyms

17. Why would I want to have different pseudonyms connected to the same account?

We distinguish between usernames and pseudonyms, allowing multiple pseudonyms for each username. Pseudonyms are useful when more than one person wants to use a particular name; they allow multiple Sarahs or Kittens to coexist but be distinguished. Also, if you have used different fannish names over time or in different fandoms, you can keep them all on the archive using pseudonyms.


Ratings and Warnings

18. What kind of content do you allow?

We will not remove content from the archive because it contains explicit material, as long as it doesn’t violate any other part of the content policy (e.g., the harassment policy).

One basic consequence is that users are responsible for reading and heeding the warnings provided by the creator. Risk-averse users should keep in mind that not all content will carry full warnings. If you want to know more, you may also wish to consult the tags that people other than the creator have used to categorize the fanwork. Learn more about tagging at this link [link to be added].

Some creators do not want to put specific ratings or warnings on their works. Our policy aims to enable creators to choose appropriate labels or to opt not to use ratings and warnings, with the understanding that some users will avoid unrated or unwarned content.

Though creators are not required to use ratings or warnings, they are often extremely useful to users. Ratings or warnings can attract some readers who are looking for specific content, and they can also warn off readers who are trying to avoid that content. Because fanworks may deal with controversial and painful issues, we encourage creators to choose ratings and warnings that help users make decisions about what to read. The "not rated" and "choose not to warn" options will, of course, help users make decisions as well, though without much detail.

19. What sort of information do I need to provide for my fanworks?

The aim of the archive is to let fanwork creators and audiences find each other. Choosing at least one fandom is therefore the basic requirement. If we don't have your fandom listed, you can always add it. After that, you can add pairings (if you want), a summary, and other information.

The archive also uses rating and warning tags. Our goal is to provide the maximum amount of control and flexibility for all users of the archive, both creators and audiences, so that each user can customize his/her experience. It's always possible for creators to use “not rated” or “choose not to warn,” but audiences will always be able to avoid unrated or unwarned fanworks if that's how they want to use the archive.

From the user’s perspective, users who wish to avoid warnings will be able to hide them. Author-supplied warnings are displayed by default unless and until a user changes his or her preferences.

Users who wish to serve as filters for other users may also use recommendation tags. These tags will serve as an extra source of information for other users who are trying to determine whether or not to access a work. Users will have to choose to reveal other users’ tags (again, this can either be done as a general preference or for a specific fanwork). They will be able to do so before or after accessing any fanwork.

This system is designed to offer numerous different ways to customize the experience on the archive, which should in general accommodate users’ desires for warnings or to avoid warnings, along with authors’ ability to choose the appropriate warning or to choose not to provide warnings. In most cases, users can control their experiences by accessing only fanworks that have ratings and warnings that are acceptable to them, and creators can use their artistic judgment about what ratings and/or warnings, if any, ought to be on a fanwork.

20. If I don't choose, what's the default?

The default is "not rated" and "choose not to warn."

21. What's the consequence of a violation of the ratings/warnings policy?

Please see the Content Policy for details. If we sustain a complaint about ratings, the fanwork will remain available on the archive, but it will have the "not rated" label. If we sustain a complaint about warnings, the fanwork will remain available on the archive, but it will have the "choose not to warn for some content" label.

22. The ratings/warnings policy is really minimal. Why is this?

We believe that appropriate ratings and warnings are often in the eye of the beholder. Users who feel that a fanwork lacks an appropriate rating/warning are encouraged to try to resolve the issue with the creator. Users may also add tags of their own to a fanwork, which other users can consult for more information.

23. What's the difference between ratings and warnings?

Ratings are a measure of the intensity of overall content. Warnings refer to more specific subjects and can be used to complete the sentences:

I prefer not to read works that contain X
I search out and enjoy works that contain X

24. Do the archive maintainers screen works as they're uploaded for compliance with the ratings/warnings policy?

No.

25. How will this work while the archive is in beta?

Since many features will not yet be available in the early version of the archive, the Content Policy only applies to active features. Because we're just getting started, we will emphasize communication and dialogue about policies; everyone, including the archive maintainers, will be learning how this works.

26. Can chapters of a larger work be rated/warned separately from each other?

Not in the initial version of the archive, but we have put it on the roadmap for later addition.

27. Can I use "not rated" but not "choose not to warn," or vice versa?

Yes, absolutely. So you could use “not rated” for a story that has a warning for rape, or you could rate a story "explicit" but choose not to give specific warnings.

28. Do you distinguish between same-sex and opposite-sex relationships or activities for ratings purposes?

No. Please note that the creator's choice of rating is presumed appropriate. In assessing abuse complaints, we will not treat slash any differently than het.

29. What's the difference between "general" and "teen and up" or "mature" and "explicit"?

This is left to the creator's judgment. People disagree passionately about the nature and explicitness of content to which younger audiences should be exposed. The creator's discretion to choose between "general" and "teen and up" or between "mature" and "explicit" is absolute: we will not mediate any disputes about those decisions. Instead, we encourage creators to consider community norms, whether fandom-specific or more general, in selecting a rating.

30. What's the difference between "teen and up" and "mature"?

Likewise, this is almost entirely up to the creator's judgment. In response to valid complaints about highly explicit content, the abuse team may redesignate a fanwork marked "general" or "teen and up" to "not rated," as explained in the abuse policy [link], but our policy is generally to defer to the creator's decision.

31. Suppose I'm searching for explicit fanworks. How will "not rated" fanworks be treated in my search?

You will be able to choose to include or exclude "not rated" fanworks from a ratings-based search.

32. What are "primary" and "optional" tags?

In addition to ratings, the Archive provides two separate lists of tags for creators to choose from when uploading a fanwork. These tags allow creators to ensure that their stories are accurately labeled. They are also helpful for many users in finding and categorizing work, or avoiding work which they may not want to see.

When uploading a fanwork to the Archive, creators must choose at least one item from the primary tags list. Along with some specific warnings, the list allows creators to select “choose not to warn,” “choose not to warn for some content,” and “none of these warnings apply.”

Creators may also choose to add more tags to their work. The Archive provides an optional tags list, as well as the ability to write in new tags. These tags can be serious or humorous. They can be warnings or promises, or whatever else the creator chooses.

Please see our ratings and warnings policy for more information.

33. What's the purpose of the primary tags?

The purpose is to identify subjects that have been the subject of substantial, recurring debate in significant sectors of fandom and provide an easy way to warn for those subjects (though "choose not to warn" is always acceptable as well). The primary tags do not include all significant story elements (e.g., surprise endings).

34. What do you mean by "underage" in the primary tags?

Underage refers to descriptions or depictions of sexual activity by characters under the age of eighteen (18). In general, we rely on authors to use their judgment about the line between reference and description or depiction. Sexual activity does not include dating activity such as kissing, but again, we rely on authors to use their judgment about what is generally understood to be sexual activity. An author may always specify the age of the characters.

35. Why is "underage" defined as "under 18"?

Though there is no international consensus, there is a trend to focus on 18 as an important age in regulating depictions of sexual activity (as opposed to actual sexual activity, which is regulated in many more varied ways). We encourage creators and recommenders to be more specific in tags or summaries where this would be useful to potential audiences.

Note from the Content Policy committee: The archive will launch with text-only hosting, but we do plan to expand over time. Because regulations of sexually explicit content are generally concerned with visual depictions, there is potentially more flexibility for textual depictions. When visual depictions are at issue, however, 18 is likely to be an important age for tagging. So the issue is one of consistency: will our system be better/easier to use if it uses 18 across the board, or will it be better if it uses 18 for visuals and some other age for written depictions? The current proposal is for 18 across the board, but we welcome suggestions on alternatives, especially from people with an interest in fan art.

36. What about robots, computer simulations, elves, aliens, vampires who are three hundred years old but were turned into vampires at age 12, etc.?

The core use of the underage label is to identify fanworks depicting sexual activity by humans under the age of eighteen as measured in Earth years. Please use your judgment for other situations. If the fanwork does not include a depiction of sexual activity with a human under the age of eighteen as measured in Earth years, then we will not generally consider it "underage," though creators may use the tag if they feel it accurately represents their intent. As always, we encourage creators and recommenders to be more specific in tags or summaries where this would be useful to potential audiences.

37. What about when a vignette or other fanwork doesn't specify the characters' ages?

The presumption is that the characters are of age unless the fanwork's creator indicates otherwise.

38. What if there's only a brief reference to rape in a story--am I required to use either "rape" or "choose not to warn," or can I still choose "none of these warnings apply" if I think that's a better description?

This is the kind of decision that is up to the discretion of authors. In general, we will not recategorize a fanwork in response to a complaint when the content at issue is a reference or is otherwise not graphic.

39. You say that logged-in users can hide warnings. Why is that?

Some people consider warnings as spoilers and try to avoid them. This is part of our attempt to make the archive user-customizable.

40. If I'm not logged in, what can I see?

You can see anything rated "general" or "teen" without logging in or clicking anything else. For the other ratings ("mature," "explicit," and "not rated") you will be asked to agree that you are willing to see such content.

41. Something that I consider really immoral, dangerous, triggering, or outrageous is not on the primary list for warnings.

We're very sorry. We encourage you to use the optional tags, summaries, and user-provided tags to screen for fanworks you'll enjoy, and we also encourage you to comment to creators when they might want to use further warnings. We would also like to hear your suggestions for the tag system at content@transformativeworks.org.

42. How will you apply the ratings and warnings policy to embedded images, videos, etc.?

We don't yet have a hosting policy for non-text fanworks. In making rating/warning decisions, creators should take into account anything visible, including embedded images and videos. As with all other content, creators' decisions are presumed reasonable, and using "not rated"/"choose not to warn" will always be sufficient.

43. How will the ratings/warnings policy apply to fanworks that come in through Open Doors?

We will import the original ratings, warnings, and other associated information as part of Open Doors. However, the rating and warning systems used by older archives preserved through Open Doors may differ from our system. Therefore, an Open Doors work will be marked "Open Doors." For purposes of implementing the content policy, and for searching or otherwise screening based on ratings or warnings, an Open Doors work will be treated as if it were marked "not rated" and "choose not to warn for some content" unless the maintainer of the collection specifically selects other ratings and warnings for it.

44. How explicit or graphic can the summaries and tags on my fanworks be?

Explicit or graphic content in itself does not violate the content policy. Please use your judgment about what will best identify and describe your fanworks.

45. Someone has added a tag I hate to one of my fanworks!

We're very sorry. In general, user-provided tags can be positive or negative. Like any other content, tags are subject to the content policy, so if the tag violates the harassment, personal information, or other content policies, please report it. [Technical question: Can we put "hide this tag" as a feature request?]

46. Can I archive original fiction?

The archive isn't really set up for that. Some Open Doors projects may contain both fanworks and non-fanworks. Once we accept an Open Doors project for preservation, all its components will be hosted on the archive. In general, though, we don't intend to host non-fanworks. We won't be screening for non-fanworks, but you post them at your own risk. We may remove them if we determine that they are interfering with the intended goals of the archive. The archive was designed to serve the mission of the Organization for Transformative Works (OTW), which was "established by fans to serve the interests of fans by providing access to and preserving the history of fanworks and fan culture in its myriad forms."





This is a draft of the list of tags that authors will be able to choose from when posting a story.

PRIMARY TAGS
Authors must choose at least one of these tags. The default is "choose not to warn."

choose not to warn
choose not to warn for some content
none of these warnings apply
extreme violence
major character death
rape/non-con
underage

OPTIONAL TAGS
If they want to, authors may choose from a list of suggested tags, or add their own "freestyle" tags. (Note: Authors can add as many of their own labels as they want, so we will try to generate a list of popular tags over time. These are just ones we thought of; they are neither necessary nor comprehensive.)

angst
amnesia
animal abuse
animal transformation
apocalypse
AU (alternate universe)
BDSM
bodyswap
child abuse
crackfic
crossdressing
darkfic
drabble
drug abuse
dub-con (dubious consent)
femslash
fluff
gen
graphic violence
het
humor
incest
kidfic
kink
minor character death
mpreg
original character death
porn
PWP
religious content
romance
sex pollen
slash
tentacles
time travel
torture
wingfic