Copyright and Trademark Policy

Drillimation Systems respects the intellectual property including copyrights, trademarks, and patents of others, and we ask all of our players to do the same. In accordance with the Digital Millennium Copyright Act in the United States, if you believe your copyright-protected material was used on this website without your permission, you may file a notification of such infringement via our contact page.

All third-party images, product descriptions, and names are the property of their respective owners. For more information, see the Exceptions section.

Drillimation’s derivative content extensively relies on Fair Use as defined under Section 107 of the US Copyright Act. Before you file, make sure you understand what Fair Use or Fair Dealing is. Courts have ruled that copyright holders are required to consider all limitations and exceptions to the US Copyright Act before filing a formal notice. Failing to consider fair use in full faith can result in civil liability.

Notifications must include the following:

  1. A description of the copyrighted work or trademark that is infringing. If possible, we recommend you include information regarding formal registrations or applications to register these rights, including the countries it has been registered for.
  2. A description of the infringing material, including information that is sufficient for us to locate the material.
  3. Your contact information, including your name, address, phone number, and email address.
  4. A statement of good faith that the material used was not authorized by you, your agent, or the law.
  5. A statement of perjury that the information included in the notice is accurate to the best of your knowledge, and that you are authorized to act on behalf of the owner of the right that was infringed.
  6. Your physical or electronic signature.

Complaints that are not properly written will be rejected. Drillimation Systems takes abuse of the DMCA very seriously and under the fifth step, may result in possible civil liability. We cannot provide you with legal advice, so we recommend you seek your own legal counsel if you need advice.

Exceptions

Non-profit performance

All of Drillimation’s covers comply with the non-profit performance exception of the US and Japanese copyright acts respectively, as noted under:

  • 17 U.S.C. Section 110 (4a):
    • It is not an infringement of copyright to perform a non-dramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if there is no direct or indirect admission charge.
  • Article 38 (1) of the Japanese Copyright Act:
    • It shall be permissible to publicly perform, present, and/or recite a work already made public, for non-profit-making purposes and if no fees are charged to the audience or spectators (“fees” includes consideration of any kind whatsoever for the offering and the making available of a work to the public; the same shall apply below in this Article), to audiences or spectators. The foregoing, however, shall not apply when the performers or reciters concerned are paid any remuneration for such performance, presentation or recitation.

Fair Use for Song Covers

Although a song cover is considered a derivative work, some uses may still qualify as Fair Use according to the US Copyright Act based on its use. Most may not qualify as such since musical works are highly creative works worthy of copyright protection, use the song as a whole, and usually create competing substitutes over the original recording. Covers may be protected by the non-profit performance exception of the United States Copyright Act (Section 110) if the performance does not involve any compensation to the performers, promoters, or organizers.

    Courts have not ruled whether or not non-profit song covers are a legal form of expression under Fair Use, though some jurisdictions have made exceptions for song parodies. Please note the above is for educational purposes only and does not constitute legal advice. Please consult your own legal counsel if you need such assistance.

    Fair Use for Fangames

    Although a fangame is considered a derivative work, some uses may still qualify as Fair Use according to the US Copyright Act based on its use. Fan remakes are not covered by the exception since video games are highly creative works worthy of copyright protection, use the game as a whole, and usually creates competing substitutes over the original product. Original products may more likely qualify if the product is not based on a pre-existing work, depending on how the work is created.

    Courts have not ruled if fangames are a legal form of expression under Fair Use. Please note the above is for educational purposes only and does not constitute legal advice. Please consult your own legal counsel if you need such assistance.