Team Shanghai Alice (the primary developer behind the Touhou Project series) is known for maintaining permissive guidelines regarding derivative works. Because Touhou Project content consists largely of community fanworks, automated copyright claims or manual takedowns involving the franchise work differently than standard corporate enforcement.
The global doujin (self-publishing and fan production) industry generates an estimated $550 – 700 million annually. Within this market, Touhou Project fanworks alone generate over $40 million annually across fan-made games, music arrangements, print media, and commercial indie releases.
Because Team Shanghai Alice allows creators to monetize derivative works within specific limits, most community content is explicitly permitted under official guidelines. However, not all uses are covered.
License Terms
While official guidelines permit fan creations, creating content using Touhou Project characters, music, locations, etc. does not grant unrestricted usage rights. Team Shanghai Alice reserves the right to order the removal of any content that violates these guidelines.
Permissible Uses
- Monetized Fanworks: Independent creators and fan circles may sell self-published books, fanart, music arrangements, and indie games on digital storefronts or at doujin events, provided distribution remains small-scale and within official thresholds.
- Gameplay & Media Coverage: Let’s Plays, reviews, commentary, fan arrangements, and gameplay streams shared on video platforms like YouTube are generally permitted.
Prohibited Content and Enforcement
- Official Asset Rips: Direct re-uploading or distribution of official game assets, raw soundtracks, or unedited media without transformative additions is strictly prohibited.
- Copyright Takedowns: Non-compliant content will receive formal copyright removal requests, resulting in video removal and a potential copyright strike on your YouTube channel.
- Leaks and Impersonation: Formal takedowns are actively used to stop pre-release piracy, leaks, unreleased media distribution, and brand impersonation.
How You Can Be Targeted
While Team Shanghai Alice allows derivative works, rights management systems or copyright agents acting on their behalf may still issue claims or takedowns if your content falls into specific high-risk categories:
- Official Audio Rips: Uploading unedited game soundtracks or using large, uninterrupted sections of official music tracks without adding original commentary, gameplay, or creative arrangements.
- Pre-Release Leaks and Spoilers: Sharing leaked footage, unreleased assets, or detailed narrative spoilers prior to an official game, book, or album release date.
- Impersonation and Official Logos: Using official Team Shanghai Alice or Touhou Project logos, trademarks, or branding assets in thumbnails, channel art, or titles in a way that implies an official affiliation or endorsement.
- Unlicensed Commercial Exploitation: Distributing fan creations or games on large-scale commercial platforms outside permitted small-scale digital storefronts without proper authorization.
How to Resolve a Strike
Because copyright takedowns issued under Team Shanghai Alice guidelines are legal removal requests, resolving them requires following formal copyright processes:
- File a Counter-Notification: If you believe your video was removed by mistake, fits within official permissive thresholds, or qualifies as Fair Use, you can file a counter-notification in YouTube Studio. The claimant will have 10 to 14 business days to respond with proof of legal action, or the video will be restored.
- Request a Retraction: You can contact Team Shanghai Alice or their designated rights management agent directly using the contact email provided in your strike notice. In some instances, claimants may agree to retract the strike if you remove non-compliant content or correct brand misuse.
- Wait for Expiration: If the strike is valid, it will expire automatically after 90 days, provided you complete YouTube Copyright School and receive no additional strikes during that period.
Gray Area Content
Takedowns can occur even if you believe your video qualifies as Fair Use. Fair Use and Fair Dealing exceptions vary by country and are often interpreted strictly or excluded under copyright law in Team Shanghai Alice’s jurisdiction.
Because copyright enforcement agents process formal legal removal requests rather than standard automated Content ID claims, rights management workflows typically operate on a “take down first, review later” policy.
Best Practices
To reduce the risk of unexpected claims or strikes:
- Avoid Unedited Extracts: Do not rely heavily on unedited gameplay footage, complete music tracks, or prolonged excerpts without adding original commentary, transformation, or review.
- Avoid Leaked Content: Never upload leaked trailers, unreleased gameplay, book pages, or music tracks. Enforcement actions are most aggressive during the days, weeks, and months surrounding an official release. If a game, book, or album is sold at a doujin event (such as Comiket) prior to its general release, do not use its contents until it is officially available on digital or streaming platforms.
- Avoid Impersonation and Logo Misuse: Do not use official Team Shanghai Alice or Touhou Project logos, channel art, or graphics as your profile picture or thumbnail background in a way that implies an official affiliation, partnership, or endorsement.
- Understand Jurisdictional Limitations: Local copyright laws may not recognize Fair Use protections in the same way, meaning non-Japanese creators can still receive formal takedown notices.
- Utilize Official Resolution Paths: If your video receives a strike for content you believe is protected, use standard YouTube Studio dispute tools to submit a counter-notification or reach out directly to the designated claimant contact email.
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