Hello writers, artists and readers here in our EF family. I’m here with important information about something that impacts us all and that is newly covered by additions to our TOS and mentioned in our FAQ.

Part of the job as administrators of this site is to update rules and guidelines as things change and evolve that impact the site. There is one issue that has been on edge of fandom for years but has grown enough that it needs official addressing. This news item will likely be long winded but I feel it is important that I try to have us all understand not just the what of these additions but the why’s as well so please bear with me. Also please take note of the new rule.

Eons ago man discovered fire and fire is good and helpful. Without it we likely wouldn’t have civilization as we know it. Fire can also destroy. So too creative artists have discovered fire and it is up to us as moderators of this site to make sure it is a blessing not a problem, that we don’t risk burning down the cave.

Elysian Fields exists as a community, a family where we create, share and archive creative output; art both written and graphic. Every one of you is valued and those of you who provide these works of art are priceless to all of us. But this unique artform borrows (literally) from others by its nature. Fanfic and fanart uses characters and images that are owned legally by others that is why we display disclaimers that point that out. We are fortunate in dealing with characters and images from the Buffy and Angel fandoms because we have the implied permission to use those characters and images, not always the case in all fandoms.

Joss Whedon has stated he is okay with fanfic and fan art that play with his legal property. https://fanlore.org/wiki/Joss_Whedon  Joss is not the sole owner. Large corporations who have far less compassion such as Fox also other individuals like the Kuzui’s http://buffy.wikia.com/wiki/Kaz_Kuzui) have proprietary rights as well. Fortunately they also have chosen to turn a blind eye to our creative pursuits. They do this largely because we gain nothing but enjoyment from our efforts. They own rights to “official” artistic expression like the TV show and films already existing and possibly revisited in the future. They own and profit from “official” novels and comics and graphic representations of these characters in many formats.

Many of fandom’s artists produce works as good if not better than those “official” creative forces but we do not profit from our efforts. Such is the nature of the beast. Unfair in many eyes and that may well be true but it is legally the way it works.

Early in fandom there was a big blow up over these issues. Here’s a link to a brief rundown of what happened. Many of us “old timers” remember it well. https://fanlore.org/wiki/Cousinjean   https://fanlore.org/wiki/Cousinjean_and_Profit_Wank.  When this happened fandom was just finding its feet and the situation was pretty much a one-off. Like with everything internet, that has changed.

Now there is something that is growing and as such needs addressing.

Artists from early times have had patrons. Important people whose creative contributions are financial like those of you who donate here to keep our site open. Such support allows the artists to thrive or at times just survive. Creating art takes time and energy and yet the human artist must still tend to practical needs. There is nothing wrong with helping an artist have that freedom, it is often vital and part of the creative process. Now thanks to the internet there are sites where you can support artists in music, writing, visual art and so on allowing them the freedom to create. This is a good thing and valuable and now easy to use. Ladies and gentlemen the caves now have fire!

Here is an article that explains better than I can here: https://www.nytimes.com/2017/05/17/fashion/what-is-a-patron.html  and here is a link to one such site:  https://www.patreon.com/ . This is becoming more common and fandom’s artists have taken note.

So how does fandom deal with this new asset? We are in an interesting position because the raw materials of our art; the characters, settings and images are not originally ours. There are people and corporate entities who literally own them. If we get paid in tangible ways other than reviews and praise we tread on their toes and risk incurring their notice and displeasure. They don’t mind our playing with their toys but it’s something different if we profit from it. Their permission to use their legal properties can be withdrawn without notice and we all would suffer from that.

I don’t mean to imply we’d be hauled off to jail or that the site is in any danger of closure BUT it is within their legal rights to order cease and desist at their pleasure and that would result in losing the treasures we enjoy here with stories and art housed on this site. It is our job to protect the treasure for all of us to continue to enjoy now and for years to come.

So how to enjoy and rightly benefit from this discovery of fire without burning down the cave?

We Mods have been discussing it among ourselves and have decided to add to our terms of service (TOS) and mention this new thing in our FAQ. Where does Elysian Fields stand regarding our very worthy artists promoting their patron sites in their profiles or in the Shout Box?

We want our artists rewarded in whatever manner they desire be it reviews or in a more practical way. They deserve it as their artistic talent is in no way lesser than many already profiting. We do not in any way discourage efforts by any of you to do so. At the same time we do not want to risk legal thin ice.

Feel free to link to patron sites in your profiles or mention them in the Shout Box. Best of luck to you in their success. BUT if you do link to such a site for your profit here on EF you must not mention that your artistic output is fan based. No using of the words fanfic or fanart, no promise of such as a reward or in payment for any funds received. Feel free to link to a patron page that indicates you write or do graphic art, for example, and state that you are soliciting financial assistance to free your time for producing those works. Those general statements are legally fine and historically common. It’s when fanfic or fanart is overtly mentioned that we get into dangerous territory and we cannot allow you to post links if you choose to word your patron page using any of those terms in describing your request for patronage or as a reward for same.

We have close to 800 artists in our EF family and all are worthy of your support and they are genuine artists. There are 4 Administrators to the site. We cannot police them all nor do we wish to. We have no desire to start a witch hunt or rain on anyone’s parade...indeed we support you and your efforts. But we would be derelict in our duties to not make rules for linking to these sites.

So if you have a patron site feel free to link in your profile or mention it in the Shout Box. But before you link...think. If you offer anything or refer to your artistic output in a way to indicate it is fanfic or fanart you cannot post the link here. Remember there are legal owners to those properties and they aren’t always generous in sharing.

If you see a link that crosses the line or you think might cause a wildfire let us know. No one is going to be driven into the wilderness or  punished. We might, if need be, ask that the link be removed if it continues to be worded in a way that is legally challenging for us. The mods are not going to go looking for things that don’t fit our TOS but we will deal with those issues that are brought to our attention.

Good luck to all of our artists and lets have all the benefits of this wonderful fire without risk of burning down the cave.

Thank you, 

Kathleen (and the other Mods.)

Here is the new TOS: 

• You may link to a patron type site in your profile if you have one but the wording in the linked page must not specifically say the donation is to finance your writing of fanfic or creation of fanart specific to properties owned by Joss Whedon, The Kazui team, ME, Fox or any other entity who own the legal rights to the characters and images you use in your art. If your patron site violates this you will be asked to remove the link until it complies with our rules. This applies to official patron sites or any other request for financial compensation for your fan based artistic output.

Here is the new FAQ entry:

Can I link to my personal Patreon page or ask for compensation for the fanfic I write?
Links to Patreon/fundraising type sites are allowed, but only if the site does not include wording implying that patrons are expressly paying for fanfic/fanart. We're all writing/creating material based on copywritten characters, and we don't want any of our members, or the site itself, to get into legal trouble by attempting to make a profit off of that material. For more details, please see out terms of service.