Laporan dan Dokumen Penting Organisasi – Organization for Transformative Works
Organization for Transformative Works, Inc.
EIN: 38 - 3765024
501(c)(3) Additional Information
============================
Part IV: Narrative Description of Your Activities
The Organization for Transformative Works (OTW) was established to serve the interests of fans of
various types of popular culture by providing access to and preserving the history of transformative
works and fan culture in its myriad forms.
Transformative works (“fanworks”) are creative works about characters or settings created by fans
of the original source material. They include but are not limited to fan fiction, fan videos, and
graphics. The OTW was created to advocate for a future in which these fanworks are recognized as
legal and transformative, and accepted as legitimate creative activity.
The OTW is committed to enabling fan writers, artists, and vidders (creators of fan-made music
videos, or “vids”) to share and theorize about their fanworks via the development and
implementation of open-source, web-based tools. We will provide free access to technology created
specifically to preserve the unique history, texts and art of media fandom, which will in turn
facilitate new approaches to the analysis of this predominantly female and highly technological
subculture. In addition, we seek to provide an alternative to the encroaching efforts of corporate
interests seeking to commodify and profit from fanworks produced within the community, and thus
preserve the community’s “gift economy” and its traditional social and learning networks.
The majority of our activities will take place online and be available to anyone around the world.
These activities are further described and will be available through the OTW website,
http://www.transformativeworks.org/.
The OTW’s activities:
1. Database and archive development: Developing an open-source software package that will
enable fans to easily build online archives of fanworks. This software will be made publicly
available and licensed under the GPL (GNU Public License, see
http://www.gnu.org/copyleft/gpl.html) or equivalent, and will be developed through the
collaborative efforts of volunteers from fandom communities. As proof of concept, the OTW will
use this software itself to provide a permanent, free central repository for fanworks at
http://www.archiveofourown.org.
Who conducts the activity: Programming is being carried out by volunteers from within the fan
community.
When: Design began in November 2007. Design and programming continues on an ongoing basis.
User testing is scheduled to begin in early 2008, with a demonstration version available in summer
2008.
Where: Volunteers are located throughout the US and internationally, and coordinate their efforts
online.
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How the activity furthers the OTW’s exempt purposes: The software will enable the long-term
preservation of and access to fanworks. In addition, the project will provide much-needed
mentorship to programmers within fandom and empower fans to build additional tools by spreading
basic programming knowledge throughout the community.
Percentage of total time allocated: Initial programming time will be substantial. Thus, though the
allocation may change over time, the software archive project currently accounts for 55% of the
OTW’s time. Once the initial programming is complete, we expect that maintenance activities will
account for 40% of the organization’s time.
How funded: General funds from donations.
2. Legal assistance and education: We have established a consulting relationship with other groups
such as the Electronic Frontier Foundation and the Fair Use Project at Stanford Law School to raise
awareness of fanworks and defend them from legal challenge. We are preparing educational
materials about the relationship between fanworks and intellectual property law. We have also
begun to offer support for fans who are approached by the media, including advice on how to
respond to media requests related to fanworks and fan culture.
Who conducts the activity: OTW board members and volunteers with legal and public relations
experience.
When: On an as-needed basis.
Where: Volunteers coordinate online from locations throughout the US.
How the activity furthers the OTW’s exempt purposes: The OTW believes that fanworks are
legitimate under current intellectual property law, and its educational efforts will contribute to
public understanding of current intellectual property issues. Its legal consultations will enable fans
to defend themselves against overreaching claims by intellectual property owners. Its media
assistance will help fans situate their creative activities in the larger context of fanworks.
Percentage of total time allocated: The allocation may change over time as we finalize our
educational materials. Currently, these activities account for 10% of the OTW’s time.
How funded: General funds from donations.
3. Journal: We have begun an on-line academic journal, Transformative Works and Cultures, to
solicit and publish articles written by media fans who are also academics engaged in media and
cultural studies. An editorial statement from the journal website is attached.
Who conducts the activity: The journal board is composed of members with strong academic and
fan credentials, as noted at
http://journal.transformativeworks.org/index.php/twc/about/editorialTeam (attached). The editors
are Karen Hellekson and Kristina Busse. Review editors are Cynthia W. Walker (St. Peter’s
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College), Mafalda Stasi (Pierre et Marie Curie University Paris VI, France), and Deborah Kaplan
(Tufts University). Symposium editors are Cole J. Banning (New York University), Alexis Lothian,
(University of Southern California) and Julie Levin Russo (Brown University). The journal will
solicit submissions from anyone with an interest in the topics it covers.
When: The Call for Papers will go out in February 2008, and the first issue is scheduled to come
out in fall 2008.
Where: Solicitation and editing will be coordinated online and carried out by volunteers throughout
the US and internationally.
How the activity furthers the OTW’s exempt purposes: The journal will provide a publishing outlet
that welcomes fan-related topics and promote dialogue between the academic community and the
fan community.
Percentage of total time allocated: We currently estimate that the journal project will account for
20% of the OTW’s time.
How funded: General funds from donations.
4. Wiki: We will preserve the history of media fandom by developing a wiki (a user-edited online
database) to chronicle media fandom’s forty-year history of media interventions.
Who conducts the activity: Volunteers from within the fan community began developing the
framework for a wiki in December 2007. Once it is operational, anyone will be able to contribute
to it.
When: Development is currently underway. The wiki will likely launch after the archive and the
academic journal.
Where: Volunteers are located throughout the US and internationally, and are coordinated online.
How the activity furthers the OTW’s exempt purposes: The wiki will help document the history and
ongoing vitality of fan creations, and the ability of anyone to edit it will empower fans to describe
themselves in their own words.
Percentage of total time allocated: Planning for the wiki project currently accounts for 10% of the
OTW’s time.
How funded: General funds from donations.
4. Oral history preservation: We are in the process of creating and hosting an oral history of the
practice of vidding that will include interviews, information about the technologies related to
vidding, and the preservation of early vidding efforts.
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Who conducts the activity: Francesca Coppa will be heading the volunteers who will conduct
interviews and curate the resulting materials.
When: Some interviews have already been scheduled for the early months of 2008; others will take
place on an ongoing basis.
Where: The interviews may take place online, via methods such as Skype internet telephony, or at
any place vidders are present, including the yearly conference VividCon, held in Chicago. The
resulting materials will be made available online.
How the activity furthers the OTW’s exempt purposes: Recording and preserving the history of
vidding is an important part of establishing the legitimacy, cultural relevance, and technological
significance of fanworks by women. Vids are one of the least-studied types of fanworks, and one
their history is often lost in discussions of innovative uses of technology by “ordinary” users.
Percentage of total time allocated: Currently, this project accounts for 5% of the OTW’s time.
How funded: General funds from donations. We may also seek specific grants for this purpose.
Part V, line 1a
In addition to the listed directors:
Michele Tepper
Title: Director
Compensation: None
Cathy Cupitt
Title: Director
Compensation: None
KellyAnn Bessa
Title: Director
Compensation: None
Part V, line 3a
Naomi Novik
Qualifications: Naomi Novik is the New York Times-bestselling author of the award-winning
Temeraire historical fantasy series, which has been translated into twenty-three languages and
optioned as a film by director Peter Jackson. Previously, she helped start up Juno Online Services.
She created the open-source Automated Archive software used by many fan fiction archives.
Average Hours Worked: 30/week during startup; 10/week ongoing.
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Duties: Chair of the Board. Duties include setting agenda for board meetings, responding to media
inquiries, and overseeing the Accessibility, Design & Technology committee, which has primary
responsibility for programming software.
Francesca Coppa
Qualifications: Francesca Coppa is director of film studies and associate professor of English at
Muhlenberg College, where she teaches courses in dramatic literature, popular fiction, and mass
media storytelling. Her writings on media fandom have been included in Fan Fiction and Fan
Communities in the Age of the Internet (Karen Hellekson & Kristina Busse eds., McFarland 2006)
and presented at MIT's Media in Transition conference.
Average Hours Worked: 20/week.
Duties: Secretary of the Board. Duties include: keeping general minutes and records; fostering
cross-organizational communication. Currently serving as Board liaison to the Community
Relations, Volunteers, Wiki, and Journal committees. Closely overseeing the creation of the wiki
and the academic journal Transformative Works and Cultures. Additional projects include: creating
an oral history of vidding; making a film on vidding for as part of MIT's series of educational films
on remix culture; supervising the acquisition of the "Foresmutters Archive" (a historical collection
of early Star Trek fiction) as the first of the OTW's fiction rescue projects.
Susan Gibel
Qualifications: Susan Gibel is a senior manager with the Center for Effective Public Policy, Inc., a
nonprofit organization founded to assist other agencies in developing and implementing sound
public policy. Her work there is focused on national training and technical assistance initiatives
related to domestic violence and offender reentry. She holds a law degree from the University of
Minnesota.
Average Hours Worked: 10/week
Duties: Board member and Chair of the Financial Committee. As chair of the Financial committee,
responsible for overseeing all of the organization's financial matters, including the management of
the organization's financial resources, timely filing of tax returns, and the production of the
organization's annual financial report.
Rebecca Tushnet
Qualifications: Rebecca Tushnet is a professor at the Georgetown University Law Center. She
clerked for Associate Justice David H. Souter on the Supreme Court. She has advised and
represented several fanfiction Web sites in disputes with copyright and trademark owners.
Average Hours Worked: 7/week
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Duties: Chair of the Legal committee; responsible for legal work relating to incorporation, legal
questions relating to fan works, outreach to other nonprofit organizations, and copyright policies for
the academic journal; chair of the archive content policy committee.
Michele Tepper
Qualifications: Michele Tepper is an interaction designer and usability expert who helps companies
create memorable and successful software, Web sites, and digital devices. She has published
influential essays about online community and social software, and she is the former Web producer
for Lingua Franca magazine.
Average Hours Worked: 10-15/week
Duties: Design lead for the Accessibility, Design & Technology committee; responsible for creating
information architecture and interaction design for the Archive of Our Own, providing usability and
design guidance for all OTW projects, and acting as liaison with the Systems committee.
Cathy Cupitt
Qualifications: Cathy Cupitt teaches writing and Shakespeare at the University of Western Australia
and has a doctorate in creative arts from Curtin University of Technology. Her fiction has appeared
in Australian magazines such as Westerly and Borderlands, and in 1997 she won the US$20,000
first prize in Hyundai's 20th Anniversary World-wide Essay Contest. She was a co-convenor of
Australia's 2001 national science fiction convention.
Average Hours Worked: 10-12/week
Duties: Attend board meetings; chair outreach meetings and administering the resulting decisions;
liason with Elections, Public Relations, and Wiki committees; project management.
KellyAnn Bessa
Qualifications: KellyAnn Bessa has a BS in Management from Cardinal Stritch University, and
currently works as a human resources consultant for an investment firm.
Average Hours Worked: 20/week
Duties: Oversees the work of the Volunteers committee members, creates and manages policy
documentation for future committees, and attends weekly Board meetings.
Part V, Line 5a
Conflict of Interest Policy
(adopted by unanimous vote of the Board, October 13, 2007)
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Plain-language summary: If you have any kind of financial interest in a decision being
made by the organization, where you have some power to affect that decision, you need to
tell the other people making the decision, and then step out of the conversation while the
potential conflict of interest is being discussed. The other people making the decision will
research the options to see if there is a better one available.
Article I
Purpose
The purpose of the conflict of interest policy is to protect this tax-exempt organization’s
(Organization) interest when it is contemplating entering into a transaction or arrangement
that might benefit the private interest of an officer or director of the Organization or might
result in a possible excess benefit transaction. This policy is intended to supplement but not
replace any applicable state and federal laws governing conflict of interest applicable to
nonprofit and charitable organizations.
Article II
Definitions
1. Interested Person
Any director, principal officer, or member of a committee with governing board delegated
powers, who has a direct or indirect financial interest, as defined below, is an interested
person.
2. Financial Interest
A person has a financial interest if the person has, directly or indirectly, through business or
investment:
a. An ownership or investment interest in any entity with which the Organization has a
transaction or arrangement,
b. A compensation arrangement with the Organization or with any entity or individual with
which the Organization has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement with, any
entity or individual with which the Organization is negotiating a transaction or arrangement.
“Indirectly” means through immediate family, which includes a spouse, domestic partner,
brother, sister, parent, child, or in-law. Thus, the person’s own business and investment
interests and those of her immediate family are considered in determining financial interest.
Compensation includes direct and indirect remuneration as well as gifts or favors that are
not insubstantial.
A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a
person who has a financial interest may have a conflict of interest only if the appropriate
governing board or committee decides that a conflict of interest exists.
Article III
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Procedures
1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person must
disclose the existence of the financial interest and be given the opportunity to disclose all
material facts to the directors and members of committees with governing board delegated
powers considering the proposed transaction or arrangement.
2. Determining Whether a Conflict of Interest Exists
After disclosure of the financial interest and all material facts, and after any discussion with
the interested person, he/she shall leave the governing board or committee meeting while
the determination of a conflict of interest is discussed and voted upon. The remaining board
or committee members shall decide if a conflict of interest exists.
3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or committee
meeting, but after the presentation, he/she shall leave the meeting during the discussion of,
and the vote on, the transaction or arrangement involving the possible conflict of interest.
b. The chairperson of the governing board or committee shall, if appropriate, appoint a
disinterested person or committee to investigate alternatives to the proposed transaction or
arrangement.
c. After exercising due diligence, the governing board or committee shall determine whether
the Organization can obtain with reasonable efforts a more advantageous transaction or
arrangement from a person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under
circumstances not producing a conflict of interest, the governing board or committee shall
determine by a majority vote of the disinterested directors whether the transaction or
arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair
and reasonable. In conformity with the above determination it shall make its decision as to
whether to enter into the transaction or arrangement.
4. Violations of the Conflicts of Interest Policy
a. If the governing board or committee has reasonable cause to believe a member has failed
to disclose actual or possible conflicts of interest, it shall inform the member of the basis for
such belief and afford the member an opportunity to explain the alleged failure to disclose.
b. If, after hearing the member’s response and after making further investigation as
warranted by the circumstances, the governing board or committee determines the member
has failed to disclose an actual or possible conflict of interest, it shall take appropriate
disciplinary and corrective action.
Article IV
Records of Proceedings
The minutes of the governing board and all committees with board delegated powers shall
contain:
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a. The names of the persons who disclosed or otherwise were found to have a financial
interest in connection with an actual or possible conflict of interest, the nature of the
financial interest, any action taken to determine whether a conflict of interest was present,
and the governing board’s or committee’s decision as to whether a conflict of interest in fact
existed.
b. The names of the persons who were present for discussions and votes relating to the
transaction or arrangement, the content of the discussion, including any alternatives to the
proposed transaction or arrangement, and a record of any votes taken in connection with the
proceedings.
Article V
Compensation
[Note: at present the Organization does not pay compensation to board or committee
members, and it does not contemplate doing so. These provisions will apply if the
Organization later adopts a compensation policy.]
a. A voting member of the governing board who receives compensation, directly or
indirectly, from the Organization for services is precluded from voting on matters pertaining
to that member’s compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters
and who receives compensation, directly or indirectly, from the Organization for services is
precluded from voting on matters pertaining to that member’s compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes
compensation matters and who receives compensation, directly or indirectly, from the
Organization, either individually or collectively, is prohibited from providing information to
any committee regarding compensation.
Article VI
Annual Statements
Each director, principal officer and member of a committee with governing board delegated
powers shall annually sign a statement which affirms such person:
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands the Organization is charitable and in order to maintain its federal tax
exemption it must engage primarily in activities which accomplish one or more of its taxexempt purposes.
Article VII
Periodic Reviews
To ensure the Organization operates in a manner consistent with charitable purposes and
does not engage in activities that could jeopardize its tax-exempt status, periodic reviews
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shall be conducted. The periodic reviews shall, at a minimum, include the following
subjects:
a. [If the Organization offers compensation and benefits] Whether compensation
arrangements and benefits are reasonable, based on competent survey information, and the
result of arm’s length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management organizations
conform to the Organization’s written policies, are properly recorded, reflect reasonable
investment or payments for goods and services, further charitable purposes and do not result
in inurement, impermissible private benefit or in an excess benefit transaction.
Article VIII
Use of Outside Experts
When conducting the periodic reviews as provided for in Article VII, the Organization may,
but need not, use outside advisors. If outside experts are used, their use shall not relieve the
governing board of its responsibility for ensuring periodic reviews are conducted.
Part VI: The OTW plans to provide the following goods and services to the public:
* an open-source software package, developed by volunteers and licensed under the GPL (GNU
Public License), that will enable fans to easily build archives of fanworks;
* a permanent central repository for fanworks under the umbrella of the OTW, using the opensource software package above and providing various social-networking tools to its users;
* legal support and education to protect and defend fanworks from commercial exploitation and
legal challenge;
* an on-line, peer-reviewed academic journal, committed to publishing high-quality academic
research as a way to document and analyze fan histories, cultures, and artifacts;
* a wiki to record and preserve the forty-year history of media fandom; and
* an oral history of the practice of vidding that will include interviews, information about the
technologies related to vidding, and the preservation of early vidding efforts.
.
Part VIII, line 2b: Attempts to influence legislation are not a substantial part of our activities. To
date, we have spent no money on attempts to influence legislation. We do plan to prepare and
distribute educational materials about intellectual property law and otherwise consider public
policy issues related to fanworks in an educational manner.
Part VIII, line 4a: Describe each fundraising program (email, personal solicitation, website
solicitation, phone solicitations, foundation grant applications)
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The OTW’s fundraising will consist of online solicitations (for one-time donations and for
sustaining monthly contributions), fundraising gatherings (house parties) in a
variety of cities, the courting of major donors in-person and potentially by phone, and grant
applications.
* Online solicitations: We anticipate making regular solicitations within the media fan community
which the OTW serves via targeted e-mailings and equivalent announcements on social networking
sites where media fans create community (such as livejournal.com). We expect a substantial
portion of our operating costs to be derived from contributions from the members of this
community: some via one-time donations, and some via small sustaining contributions. We will
also make it possible for people to donate to the OTW via secure channels on our website. Initially,
the minimum contribution required for membership in the OTW will be $10/year. The board will
endeavor to keep this amount as low as possible, but may adjust it as necessary.
* Fundraising gatherings: Anyone interested in supporting the OTW will be invited to host a house
party for the local media fan community. Although the “door cost” will remain relatively low (the
minimum contribution will likely be in the neighborhood of $20) we hope that many members will
give generously.
* Donor courting: Our membership/development committee will identify major donors within our
community, and as appropriate we will contact those potential donors and encourage them to give
sustaining gifts to the organization.
* Phone solicitations: We have no plans for general phone campaigns at this time, but we may
make calls to targeted donors or potential donors as part of our donor courting.
* Grant applications: We hope to secure grants from foundations which support media literacy, the
literary arts, and female culture. Although we anticipate that we will be able to support our basic
operating costs based on community support alone, grants would enable us to expand our programs
comfortably while remaining volunteer-run.
Part VIII, line 4d: Fundraising will largely be carried out online. We have had one house party in
New York City, New York, in October 2007, and presently contemplate having another in Chicago,
Illinois, sometime in mid-2008. We conduct all our own fundraising for ourselves.
Part VIII, line 10: The organization will create open source software and sponsor a peer-reviewed
academic journal, which will be licensed via Creative Commons noncommercial licenses. These
will be distributed via the organization’s website. The OTW will not have any ownership interest in
the contents of the archive, which will host user-supplied content. No fees will be charged for use
of the archive, the archive software, wiki, or other services, except that the journal may decide to
charge for commercial, noneducational uses of journal articles that exceed the scope of the Creative
Commons license; if so, it will charge rates that are standard within the journal publishing industry.
Other intellectual property created on behalf of the organization will be owned by the organization,
including any trademarks, patents, or trade secrets. The OTW does not contemplate licensing
trademarks, patents, or trade secrets.
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Part VIII, line 12b: We are not targeting any particular country. The majority of our services will
be available online, and thus accessible to any person around the world.
Part VIII, line 12c: Our online services will be the same wherever they are accessed, unless we are
required by law to restrict services.
Part VIII, line 12d: Our online services will serve our exempt purposes by aiding fans and
preserving fanworks in a broadly accessible online format.
Part IX, line 14: Includes $600 for donor software as a one time, non-reoccurring expense.
Part IX, line 22: Anticipated expenses for accounting: accountant, auditor, and tax preparation.
We are presently seeking the services of a volunteer accountant, but we expect that we may have to
pay for these services.
Part IX, line 23: itemized list of expenses
Expenses
Current tax year:
09/05/07 to 12/31/07
Campfire chat hosting 72
system
Basecamp project
122
management system
Rimuhosting server
123
hosting
Browsercam
100
application used to
verify website
accessibility and
functionality
Sagefire online
20
accounting
501(c)(3) application
750
fee
D&O insurance
1000
General liability
500
insurance
Printing
Paypal fees
50
Public Relations
materials
Public Relations
advertising
Shipping
Bank fees
75
TOTAL
2812
Succeeding year:
01/01/08 to 12/31/08
288
Succeeding year:
01/01/09 to 12/31/09
288
588
588
744
744
600
600
0
0
0
0
1000
500
1000
500
1550
160
950
1550
160
950
640
640
220
300
220
300
7540
7540
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501(c)(3) Additional Information
============================
Part IV: Narrative Description of Your Activities
The Organization for Transformative Works (OTW) was established to serve the interests of fans of
various types of popular culture by providing access to and preserving the history of transformative
works and fan culture in its myriad forms.
Transformative works (“fanworks”) are creative works about characters or settings created by fans
of the original source material. They include but are not limited to fan fiction, fan videos, and
graphics. The OTW was created to advocate for a future in which these fanworks are recognized as
legal and transformative, and accepted as legitimate creative activity.
The OTW is committed to enabling fan writers, artists, and vidders (creators of fan-made music
videos, or “vids”) to share and theorize about their fanworks via the development and
implementation of open-source, web-based tools. We will provide free access to technology created
specifically to preserve the unique history, texts and art of media fandom, which will in turn
facilitate new approaches to the analysis of this predominantly female and highly technological
subculture. In addition, we seek to provide an alternative to the encroaching efforts of corporate
interests seeking to commodify and profit from fanworks produced within the community, and thus
preserve the community’s “gift economy” and its traditional social and learning networks.
The majority of our activities will take place online and be available to anyone around the world.
These activities are further described and will be available through the OTW website,
http://www.transformativeworks.org/.
The OTW’s activities:
1. Database and archive development: Developing an open-source software package that will
enable fans to easily build online archives of fanworks. This software will be made publicly
available and licensed under the GPL (GNU Public License, see
http://www.gnu.org/copyleft/gpl.html) or equivalent, and will be developed through the
collaborative efforts of volunteers from fandom communities. As proof of concept, the OTW will
use this software itself to provide a permanent, free central repository for fanworks at
http://www.archiveofourown.org.
Who conducts the activity: Programming is being carried out by volunteers from within the fan
community.
When: Design began in November 2007. Design and programming continues on an ongoing basis.
User testing is scheduled to begin in early 2008, with a demonstration version available in summer
2008.
Where: Volunteers are located throughout the US and internationally, and coordinate their efforts
online.
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How the activity furthers the OTW’s exempt purposes: The software will enable the long-term
preservation of and access to fanworks. In addition, the project will provide much-needed
mentorship to programmers within fandom and empower fans to build additional tools by spreading
basic programming knowledge throughout the community.
Percentage of total time allocated: Initial programming time will be substantial. Thus, though the
allocation may change over time, the software archive project currently accounts for 55% of the
OTW’s time. Once the initial programming is complete, we expect that maintenance activities will
account for 40% of the organization’s time.
How funded: General funds from donations.
2. Legal assistance and education: We have established a consulting relationship with other groups
such as the Electronic Frontier Foundation and the Fair Use Project at Stanford Law School to raise
awareness of fanworks and defend them from legal challenge. We are preparing educational
materials about the relationship between fanworks and intellectual property law. We have also
begun to offer support for fans who are approached by the media, including advice on how to
respond to media requests related to fanworks and fan culture.
Who conducts the activity: OTW board members and volunteers with legal and public relations
experience.
When: On an as-needed basis.
Where: Volunteers coordinate online from locations throughout the US.
How the activity furthers the OTW’s exempt purposes: The OTW believes that fanworks are
legitimate under current intellectual property law, and its educational efforts will contribute to
public understanding of current intellectual property issues. Its legal consultations will enable fans
to defend themselves against overreaching claims by intellectual property owners. Its media
assistance will help fans situate their creative activities in the larger context of fanworks.
Percentage of total time allocated: The allocation may change over time as we finalize our
educational materials. Currently, these activities account for 10% of the OTW’s time.
How funded: General funds from donations.
3. Journal: We have begun an on-line academic journal, Transformative Works and Cultures, to
solicit and publish articles written by media fans who are also academics engaged in media and
cultural studies. An editorial statement from the journal website is attached.
Who conducts the activity: The journal board is composed of members with strong academic and
fan credentials, as noted at
http://journal.transformativeworks.org/index.php/twc/about/editorialTeam (attached). The editors
are Karen Hellekson and Kristina Busse. Review editors are Cynthia W. Walker (St. Peter’s
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College), Mafalda Stasi (Pierre et Marie Curie University Paris VI, France), and Deborah Kaplan
(Tufts University). Symposium editors are Cole J. Banning (New York University), Alexis Lothian,
(University of Southern California) and Julie Levin Russo (Brown University). The journal will
solicit submissions from anyone with an interest in the topics it covers.
When: The Call for Papers will go out in February 2008, and the first issue is scheduled to come
out in fall 2008.
Where: Solicitation and editing will be coordinated online and carried out by volunteers throughout
the US and internationally.
How the activity furthers the OTW’s exempt purposes: The journal will provide a publishing outlet
that welcomes fan-related topics and promote dialogue between the academic community and the
fan community.
Percentage of total time allocated: We currently estimate that the journal project will account for
20% of the OTW’s time.
How funded: General funds from donations.
4. Wiki: We will preserve the history of media fandom by developing a wiki (a user-edited online
database) to chronicle media fandom’s forty-year history of media interventions.
Who conducts the activity: Volunteers from within the fan community began developing the
framework for a wiki in December 2007. Once it is operational, anyone will be able to contribute
to it.
When: Development is currently underway. The wiki will likely launch after the archive and the
academic journal.
Where: Volunteers are located throughout the US and internationally, and are coordinated online.
How the activity furthers the OTW’s exempt purposes: The wiki will help document the history and
ongoing vitality of fan creations, and the ability of anyone to edit it will empower fans to describe
themselves in their own words.
Percentage of total time allocated: Planning for the wiki project currently accounts for 10% of the
OTW’s time.
How funded: General funds from donations.
4. Oral history preservation: We are in the process of creating and hosting an oral history of the
practice of vidding that will include interviews, information about the technologies related to
vidding, and the preservation of early vidding efforts.
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Who conducts the activity: Francesca Coppa will be heading the volunteers who will conduct
interviews and curate the resulting materials.
When: Some interviews have already been scheduled for the early months of 2008; others will take
place on an ongoing basis.
Where: The interviews may take place online, via methods such as Skype internet telephony, or at
any place vidders are present, including the yearly conference VividCon, held in Chicago. The
resulting materials will be made available online.
How the activity furthers the OTW’s exempt purposes: Recording and preserving the history of
vidding is an important part of establishing the legitimacy, cultural relevance, and technological
significance of fanworks by women. Vids are one of the least-studied types of fanworks, and one
their history is often lost in discussions of innovative uses of technology by “ordinary” users.
Percentage of total time allocated: Currently, this project accounts for 5% of the OTW’s time.
How funded: General funds from donations. We may also seek specific grants for this purpose.
Part V, line 1a
In addition to the listed directors:
Michele Tepper
Title: Director
Compensation: None
Cathy Cupitt
Title: Director
Compensation: None
KellyAnn Bessa
Title: Director
Compensation: None
Part V, line 3a
Naomi Novik
Qualifications: Naomi Novik is the New York Times-bestselling author of the award-winning
Temeraire historical fantasy series, which has been translated into twenty-three languages and
optioned as a film by director Peter Jackson. Previously, she helped start up Juno Online Services.
She created the open-source Automated Archive software used by many fan fiction archives.
Average Hours Worked: 30/week during startup; 10/week ongoing.
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Duties: Chair of the Board. Duties include setting agenda for board meetings, responding to media
inquiries, and overseeing the Accessibility, Design & Technology committee, which has primary
responsibility for programming software.
Francesca Coppa
Qualifications: Francesca Coppa is director of film studies and associate professor of English at
Muhlenberg College, where she teaches courses in dramatic literature, popular fiction, and mass
media storytelling. Her writings on media fandom have been included in Fan Fiction and Fan
Communities in the Age of the Internet (Karen Hellekson & Kristina Busse eds., McFarland 2006)
and presented at MIT's Media in Transition conference.
Average Hours Worked: 20/week.
Duties: Secretary of the Board. Duties include: keeping general minutes and records; fostering
cross-organizational communication. Currently serving as Board liaison to the Community
Relations, Volunteers, Wiki, and Journal committees. Closely overseeing the creation of the wiki
and the academic journal Transformative Works and Cultures. Additional projects include: creating
an oral history of vidding; making a film on vidding for as part of MIT's series of educational films
on remix culture; supervising the acquisition of the "Foresmutters Archive" (a historical collection
of early Star Trek fiction) as the first of the OTW's fiction rescue projects.
Susan Gibel
Qualifications: Susan Gibel is a senior manager with the Center for Effective Public Policy, Inc., a
nonprofit organization founded to assist other agencies in developing and implementing sound
public policy. Her work there is focused on national training and technical assistance initiatives
related to domestic violence and offender reentry. She holds a law degree from the University of
Minnesota.
Average Hours Worked: 10/week
Duties: Board member and Chair of the Financial Committee. As chair of the Financial committee,
responsible for overseeing all of the organization's financial matters, including the management of
the organization's financial resources, timely filing of tax returns, and the production of the
organization's annual financial report.
Rebecca Tushnet
Qualifications: Rebecca Tushnet is a professor at the Georgetown University Law Center. She
clerked for Associate Justice David H. Souter on the Supreme Court. She has advised and
represented several fanfiction Web sites in disputes with copyright and trademark owners.
Average Hours Worked: 7/week
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Duties: Chair of the Legal committee; responsible for legal work relating to incorporation, legal
questions relating to fan works, outreach to other nonprofit organizations, and copyright policies for
the academic journal; chair of the archive content policy committee.
Michele Tepper
Qualifications: Michele Tepper is an interaction designer and usability expert who helps companies
create memorable and successful software, Web sites, and digital devices. She has published
influential essays about online community and social software, and she is the former Web producer
for Lingua Franca magazine.
Average Hours Worked: 10-15/week
Duties: Design lead for the Accessibility, Design & Technology committee; responsible for creating
information architecture and interaction design for the Archive of Our Own, providing usability and
design guidance for all OTW projects, and acting as liaison with the Systems committee.
Cathy Cupitt
Qualifications: Cathy Cupitt teaches writing and Shakespeare at the University of Western Australia
and has a doctorate in creative arts from Curtin University of Technology. Her fiction has appeared
in Australian magazines such as Westerly and Borderlands, and in 1997 she won the US$20,000
first prize in Hyundai's 20th Anniversary World-wide Essay Contest. She was a co-convenor of
Australia's 2001 national science fiction convention.
Average Hours Worked: 10-12/week
Duties: Attend board meetings; chair outreach meetings and administering the resulting decisions;
liason with Elections, Public Relations, and Wiki committees; project management.
KellyAnn Bessa
Qualifications: KellyAnn Bessa has a BS in Management from Cardinal Stritch University, and
currently works as a human resources consultant for an investment firm.
Average Hours Worked: 20/week
Duties: Oversees the work of the Volunteers committee members, creates and manages policy
documentation for future committees, and attends weekly Board meetings.
Part V, Line 5a
Conflict of Interest Policy
(adopted by unanimous vote of the Board, October 13, 2007)
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Plain-language summary: If you have any kind of financial interest in a decision being
made by the organization, where you have some power to affect that decision, you need to
tell the other people making the decision, and then step out of the conversation while the
potential conflict of interest is being discussed. The other people making the decision will
research the options to see if there is a better one available.
Article I
Purpose
The purpose of the conflict of interest policy is to protect this tax-exempt organization’s
(Organization) interest when it is contemplating entering into a transaction or arrangement
that might benefit the private interest of an officer or director of the Organization or might
result in a possible excess benefit transaction. This policy is intended to supplement but not
replace any applicable state and federal laws governing conflict of interest applicable to
nonprofit and charitable organizations.
Article II
Definitions
1. Interested Person
Any director, principal officer, or member of a committee with governing board delegated
powers, who has a direct or indirect financial interest, as defined below, is an interested
person.
2. Financial Interest
A person has a financial interest if the person has, directly or indirectly, through business or
investment:
a. An ownership or investment interest in any entity with which the Organization has a
transaction or arrangement,
b. A compensation arrangement with the Organization or with any entity or individual with
which the Organization has a transaction or arrangement, or
c. A potential ownership or investment interest in, or compensation arrangement with, any
entity or individual with which the Organization is negotiating a transaction or arrangement.
“Indirectly” means through immediate family, which includes a spouse, domestic partner,
brother, sister, parent, child, or in-law. Thus, the person’s own business and investment
interests and those of her immediate family are considered in determining financial interest.
Compensation includes direct and indirect remuneration as well as gifts or favors that are
not insubstantial.
A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a
person who has a financial interest may have a conflict of interest only if the appropriate
governing board or committee decides that a conflict of interest exists.
Article III
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Procedures
1. Duty to Disclose
In connection with any actual or possible conflict of interest, an interested person must
disclose the existence of the financial interest and be given the opportunity to disclose all
material facts to the directors and members of committees with governing board delegated
powers considering the proposed transaction or arrangement.
2. Determining Whether a Conflict of Interest Exists
After disclosure of the financial interest and all material facts, and after any discussion with
the interested person, he/she shall leave the governing board or committee meeting while
the determination of a conflict of interest is discussed and voted upon. The remaining board
or committee members shall decide if a conflict of interest exists.
3. Procedures for Addressing the Conflict of Interest
a. An interested person may make a presentation at the governing board or committee
meeting, but after the presentation, he/she shall leave the meeting during the discussion of,
and the vote on, the transaction or arrangement involving the possible conflict of interest.
b. The chairperson of the governing board or committee shall, if appropriate, appoint a
disinterested person or committee to investigate alternatives to the proposed transaction or
arrangement.
c. After exercising due diligence, the governing board or committee shall determine whether
the Organization can obtain with reasonable efforts a more advantageous transaction or
arrangement from a person or entity that would not give rise to a conflict of interest.
d. If a more advantageous transaction or arrangement is not reasonably possible under
circumstances not producing a conflict of interest, the governing board or committee shall
determine by a majority vote of the disinterested directors whether the transaction or
arrangement is in the Organization’s best interest, for its own benefit, and whether it is fair
and reasonable. In conformity with the above determination it shall make its decision as to
whether to enter into the transaction or arrangement.
4. Violations of the Conflicts of Interest Policy
a. If the governing board or committee has reasonable cause to believe a member has failed
to disclose actual or possible conflicts of interest, it shall inform the member of the basis for
such belief and afford the member an opportunity to explain the alleged failure to disclose.
b. If, after hearing the member’s response and after making further investigation as
warranted by the circumstances, the governing board or committee determines the member
has failed to disclose an actual or possible conflict of interest, it shall take appropriate
disciplinary and corrective action.
Article IV
Records of Proceedings
The minutes of the governing board and all committees with board delegated powers shall
contain:
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a. The names of the persons who disclosed or otherwise were found to have a financial
interest in connection with an actual or possible conflict of interest, the nature of the
financial interest, any action taken to determine whether a conflict of interest was present,
and the governing board’s or committee’s decision as to whether a conflict of interest in fact
existed.
b. The names of the persons who were present for discussions and votes relating to the
transaction or arrangement, the content of the discussion, including any alternatives to the
proposed transaction or arrangement, and a record of any votes taken in connection with the
proceedings.
Article V
Compensation
[Note: at present the Organization does not pay compensation to board or committee
members, and it does not contemplate doing so. These provisions will apply if the
Organization later adopts a compensation policy.]
a. A voting member of the governing board who receives compensation, directly or
indirectly, from the Organization for services is precluded from voting on matters pertaining
to that member’s compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters
and who receives compensation, directly or indirectly, from the Organization for services is
precluded from voting on matters pertaining to that member’s compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes
compensation matters and who receives compensation, directly or indirectly, from the
Organization, either individually or collectively, is prohibited from providing information to
any committee regarding compensation.
Article VI
Annual Statements
Each director, principal officer and member of a committee with governing board delegated
powers shall annually sign a statement which affirms such person:
a. Has received a copy of the conflicts of interest policy,
b. Has read and understands the policy,
c. Has agreed to comply with the policy, and
d. Understands the Organization is charitable and in order to maintain its federal tax
exemption it must engage primarily in activities which accomplish one or more of its taxexempt purposes.
Article VII
Periodic Reviews
To ensure the Organization operates in a manner consistent with charitable purposes and
does not engage in activities that could jeopardize its tax-exempt status, periodic reviews
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shall be conducted. The periodic reviews shall, at a minimum, include the following
subjects:
a. [If the Organization offers compensation and benefits] Whether compensation
arrangements and benefits are reasonable, based on competent survey information, and the
result of arm’s length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management organizations
conform to the Organization’s written policies, are properly recorded, reflect reasonable
investment or payments for goods and services, further charitable purposes and do not result
in inurement, impermissible private benefit or in an excess benefit transaction.
Article VIII
Use of Outside Experts
When conducting the periodic reviews as provided for in Article VII, the Organization may,
but need not, use outside advisors. If outside experts are used, their use shall not relieve the
governing board of its responsibility for ensuring periodic reviews are conducted.
Part VI: The OTW plans to provide the following goods and services to the public:
* an open-source software package, developed by volunteers and licensed under the GPL (GNU
Public License), that will enable fans to easily build archives of fanworks;
* a permanent central repository for fanworks under the umbrella of the OTW, using the opensource software package above and providing various social-networking tools to its users;
* legal support and education to protect and defend fanworks from commercial exploitation and
legal challenge;
* an on-line, peer-reviewed academic journal, committed to publishing high-quality academic
research as a way to document and analyze fan histories, cultures, and artifacts;
* a wiki to record and preserve the forty-year history of media fandom; and
* an oral history of the practice of vidding that will include interviews, information about the
technologies related to vidding, and the preservation of early vidding efforts.
.
Part VIII, line 2b: Attempts to influence legislation are not a substantial part of our activities. To
date, we have spent no money on attempts to influence legislation. We do plan to prepare and
distribute educational materials about intellectual property law and otherwise consider public
policy issues related to fanworks in an educational manner.
Part VIII, line 4a: Describe each fundraising program (email, personal solicitation, website
solicitation, phone solicitations, foundation grant applications)
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The OTW’s fundraising will consist of online solicitations (for one-time donations and for
sustaining monthly contributions), fundraising gatherings (house parties) in a
variety of cities, the courting of major donors in-person and potentially by phone, and grant
applications.
* Online solicitations: We anticipate making regular solicitations within the media fan community
which the OTW serves via targeted e-mailings and equivalent announcements on social networking
sites where media fans create community (such as livejournal.com). We expect a substantial
portion of our operating costs to be derived from contributions from the members of this
community: some via one-time donations, and some via small sustaining contributions. We will
also make it possible for people to donate to the OTW via secure channels on our website. Initially,
the minimum contribution required for membership in the OTW will be $10/year. The board will
endeavor to keep this amount as low as possible, but may adjust it as necessary.
* Fundraising gatherings: Anyone interested in supporting the OTW will be invited to host a house
party for the local media fan community. Although the “door cost” will remain relatively low (the
minimum contribution will likely be in the neighborhood of $20) we hope that many members will
give generously.
* Donor courting: Our membership/development committee will identify major donors within our
community, and as appropriate we will contact those potential donors and encourage them to give
sustaining gifts to the organization.
* Phone solicitations: We have no plans for general phone campaigns at this time, but we may
make calls to targeted donors or potential donors as part of our donor courting.
* Grant applications: We hope to secure grants from foundations which support media literacy, the
literary arts, and female culture. Although we anticipate that we will be able to support our basic
operating costs based on community support alone, grants would enable us to expand our programs
comfortably while remaining volunteer-run.
Part VIII, line 4d: Fundraising will largely be carried out online. We have had one house party in
New York City, New York, in October 2007, and presently contemplate having another in Chicago,
Illinois, sometime in mid-2008. We conduct all our own fundraising for ourselves.
Part VIII, line 10: The organization will create open source software and sponsor a peer-reviewed
academic journal, which will be licensed via Creative Commons noncommercial licenses. These
will be distributed via the organization’s website. The OTW will not have any ownership interest in
the contents of the archive, which will host user-supplied content. No fees will be charged for use
of the archive, the archive software, wiki, or other services, except that the journal may decide to
charge for commercial, noneducational uses of journal articles that exceed the scope of the Creative
Commons license; if so, it will charge rates that are standard within the journal publishing industry.
Other intellectual property created on behalf of the organization will be owned by the organization,
including any trademarks, patents, or trade secrets. The OTW does not contemplate licensing
trademarks, patents, or trade secrets.
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Part VIII, line 12b: We are not targeting any particular country. The majority of our services will
be available online, and thus accessible to any person around the world.
Part VIII, line 12c: Our online services will be the same wherever they are accessed, unless we are
required by law to restrict services.
Part VIII, line 12d: Our online services will serve our exempt purposes by aiding fans and
preserving fanworks in a broadly accessible online format.
Part IX, line 14: Includes $600 for donor software as a one time, non-reoccurring expense.
Part IX, line 22: Anticipated expenses for accounting: accountant, auditor, and tax preparation.
We are presently seeking the services of a volunteer accountant, but we expect that we may have to
pay for these services.
Part IX, line 23: itemized list of expenses
Expenses
Current tax year:
09/05/07 to 12/31/07
Campfire chat hosting 72
system
Basecamp project
122
management system
Rimuhosting server
123
hosting
Browsercam
100
application used to
verify website
accessibility and
functionality
Sagefire online
20
accounting
501(c)(3) application
750
fee
D&O insurance
1000
General liability
500
insurance
Printing
Paypal fees
50
Public Relations
materials
Public Relations
advertising
Shipping
Bank fees
75
TOTAL
2812
Succeeding year:
01/01/08 to 12/31/08
288
Succeeding year:
01/01/09 to 12/31/09
288
588
588
744
744
600
600
0
0
0
0
1000
500
1000
500
1550
160
950
1550
160
950
640
640
220
300
220
300
7540
7540
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