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. Considering all four factors of the Fair Use defense:

  1. Song covers are usually transformative and most are non-profit.
  2. Creative works such as music are usually close to the core of their intended copyright protection but with some exceptions.
  3. Song covers typically use the entire song as the basis, but their use may nonetheless be permissible under 17 U.S.C. Section 110 if it is a non-profit performance.
  4. If the cover is intended for non-profit purposes under 17 U.S.C. Section 110, song covers usually do not financially or substantially affect the sale of the original song, and also do not pose any negative effects on its future.

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. Considering all four factors of the Fair Use defense:

  1. Most fangames are usually transformative and are usually done for fun rather than profit.
  2. Creative works such as video games are usually close to the core of their intended copyright protection but with some exceptions.
  3. Fangames usually borrow characters, settings, and music from existing games. Fangames that make use of an original plot are more likely to be considered fair. If the fangame is largely based on the original with the same characters, locations, and stages, it may be considered less fair.
  4. Given their non-profit nature, any use of an original plot with the existing characters doesn’t usually financially or substantially affect the sale of the original. Fangames that are remakes of existing games could likely impact the sale of the original and jeopardize its future.

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.

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