We know that people like you, including gamers, fans, otakus, and individualists happen to like our games and such, and we know that many of you like to use our intellectual property (IP) to make your own stuff like fanfictions, machinimas, animations, and preferably doujinshi. Our lawyers wrote this page to help you make this easier for other fans. So, as long as you adhere to the rules of Fair Use and the ones below, you are allowed to use Drillimation’s copyrighted assets in your fanworks.
What can I do?
Drillimation Systems grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use when creating your fanworks. Additional restrictions apply for certain games if they are based on existing IP that Drillimation has the license to, and you might need permission from the original license holder before continuing. If you choose to share your fanworks with others, you must include the following disclosure below:
(name of the Drillimation game) © Drillimation Systems. This (item name) was created under the Game Content and Brand Usage Rules using assets from (name of the Drillimation game). This (item name) is not sponsored or endorsed by Drillimation and is not affiliated with Drillimation for any way.
When you post this notice, please include the URL to this page so people can find it. If your fanwork is a fangame, please include it in the README file of the game.
What are some things I can and can’t do with Drillimation’s IP?
In order for us to continue making awesome games and watching you play them, these rules below tell you what you can and can’t do while creating your fanworks:
- You can’t reverse engineer Drillimation’s games made for consoles to access its content, do things that your console’s manufacturer doesn’t permit, or anything that falls under the category of what fans refer to as “ROM hacking” when creating your fanworks. Sorry, but we can’t give you the rights to create a “ROM hack” for a particular game, as the EULA doesn’t allow this. If your fanwork is a fangame the original engine the game was built must be recreated from scratch, and you can’t use the ROM’s engine as your medium.
- You can’t use Drillimation’s IP to create something that is offensive, pornographic, lewd, discriminatory, or anything that is objectionable to local laws. We can’t guarantee if a fanwork is considered objectionable by staff, but if you believe that a number of fanworks based on a certain game crosses this line, please consider reporting the work(s) to the online service it is being hosted on, as they may be violating that site’s policy as well. If they will not remove it, you can also report it to us through our abuse form.
- You can’t earn any revenue from any Drillimation-related derivative works, as Drillimation still owns the rights to any assets you feature. You also can’t use these rules to sell an app you make in the App Store, Google Play, Steam, PlayStation Store, Xbox Marketplace, or Nintendo eShop.
- You are allowed to publish your fanworks to YouTube or Twitch and participate in programs that can allow you to earn revenue from ads you display.
- If your fanwork is an app, you are only allowed to offer it for free, and you can’t make any money from advertising.
- If your fanwork is a fangame or website, whether it is published on computers or mobile devices, it must not include any malware, spyware, viruses, or lead to spam or phishing attacks. Drillimation Systems cannot be held liable for any damages it may cause to your computer or mobile device, but the fanwork’s creator will.
- You are allowed to use your fanworks to enter a contest or sweepstakes as long as the contest providers agree to adhere to these rules.
- Limit spoilers when creating your fanworks or discussing our games on forums (such as Discord, Reddit or social media). If you are including content or discussing content from the endings of any of our games, make sure to mark them as spoiler alerts. Some websites have spoiler features to hide spoilers in posts. For other websites that don’t have the ability to hide spoilers, you can use the disclaimer, “Warning: Spoilers Ahead”. We’re completely fine with that.
- If you want to use a game’s music or sound effects, these are often licensed to or from third-party manufacturers and Drillimation might not have the right to pass them to you. We often license Drillimation music to YouTube Partner networks, and you might need the license from the original license holder if they are licensed music from another manufacturer. Obtaining music rights is usually done via a cue sheet, so the revenue can be paid to the publisher(s) and composer(s).
- Existing copyright laws apply to all derivative works you create.
- You can’t use any of Drillimation’s trademarked names or logos. However, referential names like “Let’s Play (game name)” or “Tips and Tricks for (game name)” are allowed. Using the game title to tag a post you make on social media is allowed. Using a game’s logo in a thumbnail is allowed, as long as you include any details from what you broadcast on Twitch or YouTube.
- Any other users who collaborate on making your fanwork also must adhere to these rules as well.
Frequently Asked Questions
I published my video on YouTube, and why am I seeing a “Matched third party content” label? Do I need to dispute?
If you’re seeing a “Matched third party content” label, it means that YouTube has identified that content you used in your video belongs to someone else – in this case, it could be Drillimation. Drillimation Systems participates in YouTube’s Content ID program and monitors all Drillimation-related uploads there. Please consider supporting the Content ID system in order to keep YouTube free for everyone.
Content ID exists so copyright holders can monitor use of their content on YouTube, place ads to generate revenue on selected videos, and share that revenue with partners such as Drillimation and other companies.
You may have also received the notice from a Drillimation partner. We frequently work with them to monitor use of their content. While you do own your video, Drillimation still owns the rights to any assets you feature. Please be aware there are some claims that we may not be able to clear. If you received the notice from a Drillimation partner, we won’t be able to assist you.
But I don’t want ads placed on my video!
If you have concerns about the advertising on your video, Drillimation does allow you to publish your fanworks to YouTube and participate in programs that can allow you to earn ad revenue. In some cases, you should consider sharing that revenue with Drillimation. If you want to earn all that revenue for yourself, Drillimation does allow Fair Use of Drillimation content as long as it follows the above rules. If you choose to dispute, this will start a process to have the claim removed from your video.
What can I do if I want to use a game’s music or sound effects?
All Drillimation-related audio within games are licensed with their synchronization rights for non-commercial use (such as a YouTube video or non-profit project) only and Drillimation retains the copyright in all of their assets. Performing rights are not included for music and you must report your use via a cue sheet to your local performing rights society (such as BMI or SOCAN) so either YouTube and/or the PR company can pay the revenue to Drillimation.
What is synchronization?
Synchronization is a term in audio that best describes the way how you use sound effects and music within media productions. All audio that is licensed must be synchronized within your production (such as timing a score over credits). You can synchronize audio in many different types of media. Keep in mind for any piece of music you use, whether it’s copyrighted or in the public domain, you must still purchase a synchronization license, even if you cover that song yourself using your trusty electric guitar or grand piano.
What happens if I violate any of the above rules?
We may send you an email or private message telling you and others that your content violates these rules. In more severe cases, your fanwork could end up being taken down by a DMCA complaint. Drillimation Systems reserves the right to issue DMCA takedown notices on fanworks that are not in line with these rules. We all have to make mistakes at some point in our lives, so be sure to review the rules thoroughly in order to prevent this from happening.
I think my fanwork falls outside these rules. What can I do?
You can always contact Drillimation Systems and we’ll be eager to answer any questions you have about your fanwork or any licensing you need. Remember, we are not your attorneys, so if you need legal advice we recommend you seek your own legal counsel.