Derivative Works Guidelines
Derivative Works Guidelines
Article 1.1 (Introduction to Derivative Works Guidelines)
Variance Project (henceforth to be referred to “We”, “Us”, or “Our” as the case may be) has created this guidelines (henceforth to be referred to as the “general guidelines”) for the creation and usage of derivative works in order for our fans to enjoy our content in whichever different form it may be created.
Should a fan create derivative work which complies with these general guidelines, they need not contact us for permission.
Article 1.2 (Definition of Derivative Works)
- Derivative works are to be defined as the works born of the creativity and ideas of fans, based on the content created by us or our talents.
- We will not exercise our rights on works deemed to be derivative works and deemed to comply with the general guidelines.
- Such derivative works may be used as stream thumbnails, on social media posts, etc.
- Unedited content or modifications of content lacking creative input (such as the usage of generative AI tools) are not classified as derivative works. Such use does not fall within the scope of these guidelines.
Article 1.3 (Our Derivate Works Guidelines Requests)
Please comply with the following guidelines in regards to derivative works.
- Please be mindful of our talents, and do not create derivative works which they may find unpleasant or inappropriate
- Please comply with all applicable laws and regulations, including the terms and rules of any relevant platform(s)
- Please refrain from creating derivative works that fall under these categories
- Content which could be or is falsely represented as official content
- Content which disturbs public order or is controversial in nature
- Content which includes any notion to any ideologies, beliefs, religions or politics in general
- Content which actively damages our image, our talents’ image or our content
- Content that damages a third party’s image, or violates their rights
- Other content we deem unsuitable
Article 1.4 (Monetization of Derivative Works)
Fans or general users are free to create original derivative works from already published content and produce physical merchandise to give away or to sell commercially. However, production and sale of physical merchandise is subject to these following conditions
- Any derivative work used for the production of unofficial merchandise must not violate any relevant laws and regulations under any circumstances; nor shall they infringe on the rights and interests of third parties, our company and must not harm the reputation of Variance Project or any of our related third parties.
- Fan art creators may not register the relevant content of the derivative work as a trademark in any country or region, nor may they register copyrights, patents, etc. for fan art and/or fan-made merchandise/or relevant derivative work in any country or region.
- The production of light hobby merchandise resulting from fan-to-fan exchanges is allowed for fan groups and individuals, and is not subject to any financial limit or prior declaration at this time. In addition, light hobby merchandise products created and offered for sale online by a fan group and individuals are not subject to any declaration when the quantity of products does not exceed 200 units (inclusive of 200 units);
Article 1.5 (Addendum)
- We do not relinquish our copyright or any related right through these general guidelines. We maintain such rights.
- We shall not be responsible if the use, performance or submission of our content, or any related derivative work(s) results in a dispute with a third party.
- We do not make any guarantees in regards to any use of our content or related derivative works, including any actions that may violate a third party’s rights
- These general guidelines are subject to change without any prior notice and that our community, fans and users alike are encouraged to follow the latest version of these guidelines at all times.
Article 2.1 (Introduction to General Clip Guidelines)
Variance Project (henceforth to be referred to “We”, “Us”, or “Our” as the case may be) has created this guidelines (henceforth to be referred to as the “clip guidelines”) in regards to the creation of clips featuring our talent(s) or video content provided in order for our fans to enjoy our content in whichever different form it may be created.
For clips making use of our content, please refer to both the outlined clip guidelines and the general guidelines.
Should the clip contain any third-party IPs, copyrights, or such, please do ensure that the rights holder’s guidelines for any third-party is adequately followed and terms of use of said IP, copyrights or such are followed. Any individual inquiries in regards to third-party guidelines and/or terms will not be responded by Variance Project.
The clip guidelines and general guidelines are not to be applied to any clips featuring paid content which includes and is not limited to members-only/sub-only videos/streams, etc. Any usage of such content is forbidden unless explicit permission is granted beforehand.
Article 2.2 (Our General Clip Guidelines Requests)
Alongside our requests as listed in the general guidelines; Please comply with the following requests regarding creation and uploading of clips.
- Please list the following information at the start of the clip’s description;
- A URL link to the original source stream or video. (Referred to as “source” henceforth)
- The source’s title
- Please refrain from uploading clips prior to the source stream ends and the VOD is made public in any channel
- Please understand that we may initiate takedowns procedures regarding a clip based on content, thumbnail, and/or other factors
Article 2.3 (Monetization of Clip Creation)
We will not interfere with the use of partner or creator programs on video sharing sites such as YouTube, NicoNico, etc. Any advertising revenue earned thereof, or any other monetization schemes offered by such sites will also not be interfered by us provided that all the aforementioned guidelines, said sharing sites’ terms of use and all third-party guidelines are adhered to, and that no IPs or copyrights are infringed uponAny created or submitted clips are forbidden to be registered via Content ID or any other automated identification system as your own work
Article 2.4 (Addendum)
- We do not relinquish our copyright or any related right through these general guidelines. We maintain such rights.
- We shall not be responsible if the use, performance or submission of our content, or any related derivative work(s) results in a dispute with a third party.
- We do not make any guarantees in regards to any use of our content or related derivative works, including any actions that may violate a third party’s rights
- These general guidelines are subject to change without any prior notice and that our community, fans and users alike are encouraged to follow the latest version of these guidelines at all times.
Article 3.1 (Introduction to Fan Support Advertisement Guidelines)
Variance Project (henceforth to be referred to “We”, “Us”, or “Our” as the case may be) has created this guidelines (henceforth to be referred to as the “fan advertisement guidelines”) in regards to the creation of fan support advertisements to allow a safe enjoyment of our talents and their content. Fan support advertisements may refer to any form of fan-operated advertisements posted on billboards, digital mediums, public spaces or via any other advertising outlets.
Fan support advertisements that comply with the fan advertisement guidelines may be posted without individual inquiries to the company.
In addition to these fan advertisement guidelines, fan support advertisements should also comply with our general guidelines and any other applicable guidelines as stated in this website.
If a fan support advertisement contains content the company does not own the rights to, it should also comply with the terms of use and other guidelines the content owner has published. Please understand that we will not respond to individual inquiries regarding how we interpret these third parties’ terms of use and guidelines.
Article 3.2 (Our Fan Support Advertisement Requests)
In addition to the section “our requests” in general guidelines, please also comply with the following requests when creating and displaying your fan support advertisements.
- Please refrain from presentations that can be falsely represented as official, or can be misinterpreted or mistaken as official.
- Please ensure that the advertisement is properly stated as fan-operated within the advertisement itself.
- Please do not use our content without edits, or with modifications lacking creative input, in the fan support advertisements.
- Please do not infringe on the rights of third parties.
- Should materials used in the fan support advertisement be created by a third party, permission must be obtained from that third party prior to its inclusion.
- Should any fan support advertisement be displayed in a public location or in a specific premise, proper permissions must be obtained by that third party and any rules for the proposed location have to be abided.
- Any rules and procedures of the location where the advertisement is to be posted must be followed by the third party.
- Please contact our inquiry email (inq. Email here) with the following information prior to the posting of the fan support advertisement.
- Date and time of advertisement
- Location of advertisement (URL if online, address if done in public)
- Purpose of advertisement
- Materials used (if any)
- Please understand that, in principle, we will not respond to any individual inquiries, including, but not limited to, whether or not to post fan support advertisements.
Article 3.3 (Addendum)
- We do not relinquish our copyright or any related right through these general guidelines. We maintain such rights.
- We shall not be responsible if the use, performance or submission of our content, or any related derivative work(s) results in a dispute with a third party.
- We do not make any guarantees in regards to any use of our content or related derivative works, including any actions that may violate a third party’s rights
- These general guidelines are subject to change without any prior notice and that our community, fans and users alike are encouraged to follow the latest version of these guidelines at all times.
Article 4.1 (Introduction to Guidelines of Applicable Music)
Variance Project (henceforth to be referred to “We”, “Us”, or “Our” as the case may be) has created this guidelines (henceforth to be referred to as the “music use guidelines”) in regards to the usage of music content provided or produced by us (henceforth to be referred to be referred to as “Our music”), so that fans will have peace of mind when making use of our music.
For works making use of our music, please refer to the music use guidelines and overall guidelines.
These guidelines pertain to any original song produced by Variance Project and their talents that is distributed on various music distribution platforms (hereinafter to be referred to as “Applicable music”).
The use of music listed in the provided appendix does not fall within the scope of these guidelines.
Article 4.2 (Musical Derivative Works)
We allow covers, adaptations, and remixes of applicable music (henceforth to be referred to as “covers” for covers or “musical derivative works” for remixes or adaptations).
We consider derivative works to be creations born of fans’ ideas and creativity, based on our music. Therefore, we do not consider the reproduction of our music as is, or with modifications lacking creative input, to be classified as derivative works. Such use does not fall within the scope of the music use guideline or general guidelines.
We allow our music to be performed by DJs, regardless of the rule stated above. However, please be aware that if you are streaming via YouTube or on other video sharing/streaming platforms, we may be alerted via the Content ID system.
Furthermore, we do not allow any extraction of our talents’ voices from our songs to be used in speech generation, and do not consider this to be a derivative work.
Article 4.3 (Use of Applicable Music)
- We allow submission of musical derivative works to video sharing websites like YouTube, Niconico, and other music sharing sites (henceforth to be referred as “sharing sites”).
- We will not exercise our copyright rights, including any related rights, in regards to the creation or submission of musical derivative works as long as they comply with the music use guidelines.
- We will not interfere with the use of partner programs or creator programs on sharing sites, or any advertising revenue earned from such programs.
- We forbid the registration of any created or submitted musical derivative work with Content ID, or any other automated identification system, as your own work.
- When submitting musical derivative works, please credit as below;
Song: *Song Name*
Artist: (Talent Name) Variance Project - You can download the source files of our music for covers, or for other derivative creation purposes, from our piapro page (URL: https://piapro.jp/hololive ). When using these sound source files, the monetization feature will not be available. You may use the monetization feature when using our registered library of sound source files through YouTube Shorts, TikTok, and other sharing websites.
- If performing as a DJ and/or submitting to a sharing site, please ensure that you have paid the appropriate copyright fees. Should any processing be required, we ask that you process the payment of said copyright royalties appropriately.
- These guidelines do not apply to the sales of musical derivative works on CD, vinyl records, or other physical media, or activities other than posting on a sharing website, such as distributing through a music streaming service. For such use, please confirm with the representative publisher individually.
Article 4.4 (Our Use of Music Guidelines)
In addition to “ our requests” in the overall guidelines, please also comply with these following requests when creating musical derivative works;
- Please be mindful of our talents, and refrain from creating derivative works that they may find unpleasant.
- Please limit your creation of derivative works to a fan or a hobby level. Please do not use your created content for business purposes, or for purposes that can be deemed as for-profit.
- Furthermore, even if you belong to an external corporation, you are welcome to create any derivative works of our music, including covers, provided you comply with these guidelines.
- Please comply with all application laws and regulations, including the terms and rules of any relevant platforms.
- Please refrain from creating derivative works that fall under the following categories;
- Content that is falsely represented as official, or can be misinterpreted or mistaken as official
- Content which is inappropriate or is not acceptable in general
- Content that includes matters pertaining to any particular ideology, belief, religion, or politics
- Content that damages our image, or that of our talents or our content
- Content that damages a third party’s image, or violates their rights
- Other content that we deem unsuitable
Article 4.5 (Addendum)
- We do not relinquish our copyright or any related right through these general guidelines. We maintain such rights.
- We shall not be responsible if the use, performance or submission of our content, or any related derivative work(s) results in a dispute with a third party.
- We do not make any guarantees in regards to any use of our content or related derivative works, including any actions that may violate a third party’s rights
- These general guidelines are subject to change without any prior notice and that our community, fans and users alike are encouraged to follow the latest version of these guidelines at all times.
- ed content for business purposes, or for purposes that can be deemed as for-profit.
- Furthermore, even if you belong to an external corporation, you are welcome to create any derivative works of our music, including covers, provided you comply with these guidelines.
- Please comply with all application laws and regulations, including the terms and rules of any relevant platforms.
- Please refrain from creating derivative works that fall under the following categories;
- Content that is falsely represented as official, or can be misinterpreted or mistaken as official
- Content which is inappropriate or is not acceptable in general
- Content that includes matters pertaining to any particular ideology, belief, religion, or politics
- Content that damages our image, or that of our talents or our content
- Content that damages a third party’s image, or violates their rights
- Other content that we deem unsuitable
Article 5.1 (Update to Guidelines)
These guidelines are crafted with the current context in mind, but we recognize that circumstances may evolve. Variance Project reserves the right to make changes to these guidelines as needed. Creators are encouraged to stay informed about any updates or revisions. It is the responsibility of creators to regularly check for the latest version of these guidelines on our official website. Your commitment to staying informed is greatly appreciated.
Article 6.1 (Takedown Procedures)
While we encourage creativity and the sharing of content, we reserve the right to initiate takedown procedures if a clip is found to violate our guidelines. This may include, but is not limited to, content that goes against our community standards, features inappropriate thumbnails, or infringes upon intellectual property rights.
To ensure transparency, we want to emphasize that takedowns will be considered based on factors such as content, thumbnail, and any other elements that may compromise the integrity of our brand or the well-being of our talents. Our goal is not to stifle creativity but to maintain a positive and respectful environment for all involved.
We appreciate your understanding and cooperation in upholding these standards. If you have any questions or concerns about specific takedown actions, feel free to contact us through [insert contact information].
Feel free to adjust the language to better suit the tone and specifics of your project!
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