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 (medium) was created under the Game Content and Brand Usage Rules using assets from (name of the Drillimation game). This (medium) is not sponsored or endorsed by Drillimation and is not affiliated with Drillimation for any way.
If you’re making a video for YouTube for example, we recommend replacing “(medium)” with “video”. 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.
- That said, you are allowed to make fan mods for existing games. Just make sure the mod is age-appropriate.
- 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.
- Keep all fanworks family-friendly. The highest-allowed material is content meeting the criteria for a PG-13 level or below.
- 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. Please note YouTube and Twitch both have their own rules when monetizing content using certain copyrighted material, as rights ownership can be complicated and copyright holders’ policies vary.
- 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). We understand spoilers can ruin a player’s experience, and 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.
- Please be aware that some Drillimation games contain music or other content that we don’t actually own the rights to. For example, Drillimation Systems doesn’t own the rights to the Touhou Project characters or music featured in the Touhou Project NES Demakes, nor the names of locations or objects that appear in Chuhou Joutai 2: Paraided! (such examples would be the Hakurei Shrine, Kourindou, or the Mini-Hakkero). Since we can’t grant you the rights to use ZUN’s material, you are responsible for following his content usage rules.
- Existing copyright laws apply to all derivative works you create.
- You can’t use any of Drillimation’s trademarked names or logos unless it falls under any of the mentioned rules below. 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.
- You can’t include content from products that Drillimation has not commercially released yet, with the exception of demo content.
- You may not use images of the Prophet Driller or any other Drillimation staff member without our approval for privacy reasons. For more information, see Restricted Images, Video, and Audio.
- Any other users who collaborate on making your fanwork also must adhere to these rules as well.
Brand Usage Rules
This section will cover on how to use Drillimation’s trademarked names and logos for marketing purposes. When referencing Drillimation or any of our games, we kindly ask that you use the full, original name. For example, Chuhou Joutai‘s full name is Chuhou Joutai: The Middle State of War and our full company name is Drillimation Systems Co., Ltd. We’re fine if you just refer to it as Chuhou Joutai or Drillimation. To avoid confusion, we ask that you not use the name in your username or pseudonym (for example, DrillimationFan12 is not okay), website address, or any other product.
The only logos we allow are Drillimation’s logo in general and any of our game logos above. Under applicable trademark laws, you may only use the logo in any of the following circumstances:
- Make sure you are using the most recent version of the logo.
- All logos must have the ™ or ® symbols on them (with some exceptions).
- You may not modify the logo in any of the following ways:
- Scale the logo to a size where it cannot be read. If you cannot read it, nobody else can.
- Stretch the logo without holding the Shift key.
- Recolor it in any way possible.
- Reverse/flip the logo.
- Rotate it on an angle.
- Add any text effects unless the logo is in a position where it cannot be read normally, for example, putting a white border around black text on a dark background is allowed.
- Combine the logo with unnecessary text or other elements. This includes placing the logo inside of a box, embedding it in a sentence (with some exceptions), overlaying elements on top of it, or using it as a pattern.
- Changing any of the typefaces in the logo.
- You must get our approval if you are using the logo for things such as licensed merchandising (e.g., toys, shirts, etc.), books, film, or television productions (excluding news broadcasts).
- Screenshots from our games is perfectly allowed under these rules if you are using them in print or digital when reporting or discussing our products. However, we ask that you not edit the screenshots in any way unless it falls under appropriate Fair Use rules (for example, if you’re making memes and posting them to social media, we’re completely fine with that).
Drillimation Systems reserves all rights to the names and/or branding. We can terminate your permission to use them if you are found to be in violation of these rules.
Frequently Asked Questions
Regarding audio content
I published my video on YouTube, and why am I seeing “Copyright Claim” under restrictions? Do I need to dispute?
If you’re seeing a “Copyright Claim” 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 Rightsscale. Drillimation is a participating member of the Touhou Doujin Music Distribution program and they work with us alongside other composers and publishers 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 Rightsscale, we’ll try the best we can to clear the notice. If you did not receive a notice from either Drillimation or Rightsscale, we might not be able to assist you.
But my video doesn’t contain your music!
Our music can be found from many online sources, and you might have acquired and used them without knowing it. The good news is we don’t need to take down your video in relation to Drillimation audio content. If you believe Content ID has misidentified the music used or you have the license to the song used, you can dispute the claim. We review all disputes and if we confirm your video doesn’t contain any claimed content owned by Drillimation Systems, we will release the claim. If your video does include music owned by Drillimation, please skip to the next question instead of using this one.
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.
For more information, see Using Drillimation’s Music in Online Videos.
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. With a synchronization license, you gain permission to use sounds or music for media productions.
What are performing rights?
The composers and publishers of music generally reserve the right to earn revenue at any time their music is performed in public. Performing rights societies collect performance revenue from radio and television stations, movie theatres, and even YouTubers as well. This revenue is divided among composers and publishers based on reported use, which is usually done via cue sheet.
Can I make a cover of any of a game’s songs in its soundtrack?
Absolutely! This may count as Fair Use in your respective region for transformative purposes. We are always eager to see aspiring musicians cover the songs in a game’s soundtrack. Posting your covers on websites such as YouTube and SoundCloud is acceptable under these rules, but there is a limit though. Other than YouTube monetization, you can only give your covers away for free, as Drillimation still owns the rights to the original songs. If you wish to sell them for profit you must make an arrangement with Drillimation Systems. A licensing fee may also be charged too.
I uploaded my cover to YouTube and I still got a Content ID claim! Why is that?
Content ID reference files for music generally use multiple recordings to determine whether or not the original music is present. Sometimes music claims are for melody matches. Even if you make a cover version of the song you may still get a claim over the original song.
Can I use the original songs in my fangame?
This is allowed, but you need to ensure the song is embedded in the code of your game and is not available for an end-user to download. If your app allows the user to do so, you must contact us to arrange special authorization for the use of the song(s). A licensing fee may also be charged as well.
Do I have to pay if one of your songs will be performed live, such as radio or television?
If you use one of Drillimation’s songs in a production that will be broadcasted on radio or television, you must file a cue sheet with your local performing rights society so they can pay the revenue to Drillimation.
What is Fair Use?
Under US Copyright Law, Fair Use is defined as a general, informal use of a copyrighted work that does not necessarily require permission from the copyright holder, and in a way that does not financially or substantially damage a copyright holder’s right to sell or distribute their works. Fair Use can apply to many different forms of expression, such as educational, journalistic, critical, and transformative purposes. Below is what each purpose serves:
- Educational: Copyrighted works can be used in schools as educational materials.
- Journalistic: Copyrighted works can be used for news reports, including newspapers, much in the same way that an educational use would serve.
- Critical: Critiques of copyrighted works are allowed.
- Transformative: Remixes or mashups of material generally fall under Fair Use. This also includes parodies and such.
If you receive a takedown notice from a copyright holder and you believe your use of their material falls under the applicable Fair Use or Fair Dealing doctrines in your region, you can argue Fair Use in a counter-notification, but that isn’t always possible. Think of Fair Use like the First Amendment – only a judge can decide what forms of expression are protected by Fair Use or not, much in the same way when deciding on a First Amendment case. If you aren’t sure if your use of a copyrighted work falls under any of those doctrines, we recommend you seek your own legal counsel for assistance.
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.
If my fanwork is taken down because it violated the above rules, am I protected from any legal action?
Depending on the severity of the broken rule and if you file a counter-notification, Drillimation Systems may still decide to sue you to prevent the fanwork from being restored.
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.
We understand there are times when you or your clients need more flexibility when using our intellectual property, such as in the merchandising fields, or if you’re using your fanworks for commercial purposes. Both these uses aren’t covered under these rules, but we do offer custom licensing in a way that wouldn’t interfere with your development plans.