ICHIKARA - Guidelines for Secondary Creation

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INTRODUCTION

Up to now, the activities of derivative works of official works of Ichikara Inc. (hereinafter referred to as our “Company”) have led to the new discoveries, and sometimes we have supported official products and “official live-ers” [in Japanese, the term “公式ライバー” refers to one that officially carries out livestreaming].

Our Company’s contents are developed based on the bidirectional activity with the fans, and we are aware that, in that relationship, a totally new culture has been formed.

With that, our Company has formulated guidelines for the purposes of enjoying derivative works activities, so that more people may be able to be at ease and carry out derivative works activities.

In order for more people to become familiar with our Company’s contents, we ask for your understanding and cooperation going forward.

Going forward, our Company will contribute to the development of the culture, with a sense of respect and empathy towards all creators’ activities.

Article 1(Contents Subject of these Guidelines)

  1. These Guidelines are applied to the activities of derivative works of the following products (hereinafter referred to collectively as the “Contents”):
    - Our Company’s official characters regarding which our Company exclusively owns the copyright, and any illustrations related thereto.
  2. The phrase “derivate works activities” means the activities of having the Contents as original works, and then people (you) add new creativity to the Contents to create new works of expression. In other words, please note that acts of copying the Contents as is (or acts that can be seen as such) are not “derivative works activities”, and any thing that is created pursuant hereto shall not be contents regarding which these Guidelines are applicable.

    《Examples of things that cannot be said to be “derivative works activities”》
    - With respect to official characters regarding which our Company exclusively owns the copyright, making copies of the same as is, and pasting the same on goods, like metal badges or pins, etc., and then publicizing or selling the same.
    - Adding, to illustrations of official characters regarding which our Company exclusively owns the copyright, only arrangements of a kind such that anyone would think they are trimmings or color tone changes, and publicizing the same.

    《Examples of things that fall under “derivative works activities”》
    - Acts of adding, to illustrations of official characters regarding which our Company exclusively owns the copyright, original arrangements, and publicizing the same.

  3. These Guidelines are in relation to the derivative works activities of contents regarding which our Company exclusively owns the copyright. In the event of any derivative works activities that have, as the original works, any contents regarding which our Company does not exclusively own the copyright (or our Company no longer owns such right), then it is necessary for you yourselves, under your own responsibility, to obtain the license from the rights holder.

Article 2(Persons Subject of these Guidelines)

  1. These Guidelines are applied to the derivative works activities of “individuals” or “groups that do not have legal personality” worldwide. For any legal entities, please contact us separately. (https://www.ichikara.co.jp/contact/)
  2. Any copyright holder of the Contents that separately enters into an agreement with our Company and that transfers the copyright of the Contents to our Company is also subject to the application of these Guidelines.

Article 3(General Rules)

  1. In order to publicize the Contents derivative works, it is necessary for you to read all of these Guidelines in advance and to agree to these Guidelines.
  2. In the event that you cannot agree to these Guidelines, then you will not be able to publicize the Contents derivative works.
  3. At the point in time that you publicize the Contents derivative works, then you will be deemed to have agreed to the entirety of the details of these Guidelines.
  4. If the situation is in a form that follows the details of these Guidelines, then it is not necessary to apply to or contact our Company with respect to the publication of the Contents derivative works. Please follow the minimum manners that exist in the culture of derivative works, and please freely enjoy the derivative works activities.
  5. There may be instances where, pursuant to our Company’s “official live-er” [in Japanese, the term “公式ライバー” refers to one that officially carries out livestreaming] there are indications made of separate intentions, etc. relating to derivative works activities, other than these Guidelines. Please refer thereto as well, and we would be very happy to have you create and publish works that respect the spirit of the Contents.

Article 4(Use Conditions)

  1. Upon carrying out Contents derivative works activities, with respect to the Contents, please of course pay respect to the activities of the fan community and other creators, and please respect the rights of others.
  2. Please refrain from making any expressions that could cause confusion with official products.
  3. The derivative works may not be used for the purpose of carrying out advertising of the business of another.
  4. A product of expression like the following may not be publicized:
    (1) Any thing that is in violation of these Guidelines, any separate rule prescribed by our Company, or the point and aim of the Contents.
    (2) Any thing that significantly damages the image of the Contents or harms the reputation or dignity, etc. of a third party.
    (3) Any thing that is in violation of public order and morality or includes an antisocial expression.
    (4) Any thing that includes, as content, specific beliefs or thoughts, or religious or political messages.
    (5) Any thing that infringes upon the rights of a third party.
  5. With respect to the use of Contents with the purpose of monetizing that exceeds the scope prescribed in Article 6, please receive the approval of our Company in advance.

Article 5(Use of Derivative Works by our Company)

  1. At the point in time that you publicize the Contents derivative works, then you will be deemed to have given approval regarding our Company and a third party designated by our Company to use the derivative works pursuant to the methods set forth below:
    (1) Use on live transmissions and SNS, etc. (also, there may be instances of carrying out trimmings or deformations, etc. of a degree that does not damage the identity of the product).
    (2) Carrying out official distribution or turning into goods (also, upon carrying out turning into goods, we would like to hold consultations in advance).
  2. Based on your use of the hashtag“#NijisanjiCreators” [in Japanese: “#にじさんじクリエイターズ”] or a Twitter hashtag (“# [hashtag used on Twitter]”) that is designated by an “official live-er” [in Japanese, the term “公式ライバー” refers to one that officially carries out livestreaming] (hereinafter referred to collectively as the “Hashtag”), you may be able to better enjoy the derivative works activities under a close distance with our Company and an official live-er, so please use them. However, even in the event that the Hashtag is not used upon the publicizing of a derivative work, please understand that there is no effect on the effectiveness of the approval prescribed in the preceding paragraph.

Article 6(Regarding Sale)

  1. With respect to the sale of fanzines or derivative works goods used in the comics market or the internet, etc., if there are activities within the scope of your interest, then you may sell the Contents derivative works. However, you may not carry out such acts of sale as business activities that exceed fan activities. Also, as described in Article 1, Paragraph 2, any thing that is created pursuant to an act of copying the Contents as is (or an act that can be seen as such) cannot be said to be a derivative work, and as such the act of the sale thereof shall be across-the-board totally prohibited.
  2. The Company shall determine whether or not such act of sale falls under “business activities” described in the preceding paragraph, by making an overall evaluation of the various factors, such as the product’s production volume or sales price, or the product’s characteristics, etc. In the event that our Company determines that such act of sale falls under “business activities”, then there may be instances where you would be prohibited from carrying out such act of sale.
  3. In the event that an illustrator enters into a separate agreement with our Company, and sells an illustration that is drawn for a specific purpose for our Company, then our Company would supervise such matter, and so we ask to be contacted separately.
  4. With respect to three-dimensional objects, such as figures or garage kits, etc., that have, as the original works, our Company’s official character or an illustration that relates thereto, then the items may only be sold at events regarding which the Company grants “tojitsu hanken” to the event organizer [the Japanese “当日版権”, translated here into English as “tojitsu hanken”, refers to the right to display and sell certain items (such as garage kits, etc.), but only on the event day and only at the place of the event]. With respect to the details of the application for “tojitsu hanken”, please contact each event organizer.

Article 7(Other Matters)

  1. The details of these Guidelines may be changed without prior notice to you. Please confirm the up-to-date details, upon carrying out the derivative works activities. Also, our Company shall not be responsible in any way whatsoever, even regarding damages that arise due to revisions of these Guidelines, and so we ask for your understanding in advance.
  2. We ask that you enjoy the derivative works activities under your own responsibility. In the event that any trouble arises of any kind, between you and a third party, that involves the derivative works activities, then our Company shall not bear any responsibility in any way whatsoever.
  3. In the event that, notwithstanding the provisions of these Guidelines, our Company deems it necessary, then there may be instances where the user is requested separately to cease the use of the Contents. Also, please note in advance that, with respect to damages that arise pursuant hereto, our Company shall not be liable in any way whatsoever
  4. The laws of Japan shall be the governing law in respect of your enjoying the derivative works activities,
  5. In the event that, in relation to the Contents derivative works activities, a dispute arises between you and our Company, then the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance.
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Based on your compliance with these Guidelines, our Company will be able to have a generous and positive attitude towards your derivative works activities.
The activation of the derivative works activities will be greatly connected with the development of industry culture, and so please follow these Guidelines and other rules and manners, and please enjoy your freely carrying out the derivative works activities.
We also ask for your understanding going forward regarding the contents of our Company!
JP / EN