As a benefit under our Game Content and Brand Usage Rules, Drillimation does allow music tracks from their games to be used in videos posted to social media or video-sharing sites such as Facebook, Twitter, Instagram, TikTok, YouTube, and Twitch. Please note this is for educational purposes only and does not constitute legal advice. Please seek your own legal counsel if you need such assistance. This article also answers most of the questions you may have about using Drillimation music in online video content, and what to do if you get a Content ID claim or copyright takedown notice on YouTube or another social media platform related to your video.
Drillimation also complies with Team Shanghai Alice’s IP usage rules regarding the arrangements that were written for the Touhou Project NES Demakes. This article can also help you if you receive a Content ID claim or copyright takedown notice from Rightsscale, which administers the music rights for the Touhou Project games’ soundtracks as well as fan arrangements by numerous circles across the globe.
One general note though is most music uses typically require at least two licenses – one from the composer and/or publisher and the other from the record label that owns the associated song’s recording.
General Questions
Am I allowed to use Drillimation Music in my videos and/or livestreams?
Under the Game Content and Brand Usage Rules, you are allowed to use music composed by Drillimation Systems in any video content or livestreams you produce. Please note they are licensed only with their synchronization rights and performing rights are not included. Despite this, you are still allowed to participate in programs that can let you earn revenue from ads you display.
For the Touhou Project NES Demakes soundtracks, Team Shanghai Alice still owns the rights to the original songs, and your use of these songs are also subject to TSA’s IP usage rules. Rightsscale may only allow the music to be used in gameplay videos or as covers of existing songs.
Keep in mind you must obtain a commercial synchronization license if you plan to use the music in a film, TV show (excluding news broadcasts), commercial, or series. You also have to file a cue sheet with your local performing rights society so that they can pay the revenue to either Drillimation or Rightsscale.
Can I post videos of Drillimation gameplay on social media that contain the music?
You are allowed to post gameplay videos containing the music on social media, given that you comply with the Game Content and Brand Usage Rules. Drillimation does not endorse any specific video platform.
Can I monetize videos of Drillimation gameplay that contain the music on YouTube and Twitch?
You are allowed to post your Drillimation gameplay videos to YouTube and Twitch, and participate in programs that can allow you to earn revenue from ads you display either as pre-roll ads, ad breaks, or sponsor ad overlays. You may also generate revenue through the solicitation of personal donations or by offering subscription-based or paid transactional video content. Please note YouTube and Twitch both have their own rules about generating revenue using certain copyrighted material as rights ownership can be complicated and rightsholders’ policies vary.
What do I do if I get a Content ID claim or copyright takedown notice on YouTube?
If your music use complies with the conditions described above and you receive a Content ID claim or takedown notice from either Drillimation, Rightsscale, or any other partner who manages the rights for Drillimation music, you may dispute the claim or file a counter-notice in accordance with YouTube’s policies.
To dispute a Content ID claim:
- Click Copyright in YouTube Studio, and select the video in question.
- Make sure the song is from either Drillimation, Rightsscale, or another Drillimation music partner. If the claim you received isn’t from any of the parties, then Content ID may have generated the claim in error, or the song you used is managed by a different music rights society and you may need to work with that music label to clear the claim.
- If you are a hundred percent sure the song is from either Drillimation, Rightsscale, or another Drillimation music partner, select Dispute under Actions.
- Check the box that says “My dispute isn’t based on any of the reasons above. I would still like to dispute this Content ID claim.” Then click continue to proceed.
- Select “License”.
- Check the box that says “I have permission to use the content from the copyright owner.”
- Copy and paste the following:
- If you used Drillimation music in a gameplay video: “This video was created under Drillimation’s Game Content and Brand Usage Rules located at https://drillimation.com/game-content-and-brand-usage-rules/ . Under these rules, this song is allowed to be used in Drillimation gameplay videos.”
- If you used Drillimation music as the basis for a cover: “This video was created under Drillimation’s Game Content and Brand Usage Rules located at https://drillimation.com/game-content-and-brand-usage-rules/ . Under these rules, this song is allowed to be used as the basis for song covers.”
- If you used Touhou music claimed by Rightsscale in a gameplay video: “This video was created under Team Shanghai Alice’s IP usage rules located at https://touhou-project.news/guideline/ . Under these rules, this song is allowed to be used in Touhou Project gameplay videos.
この作品が上海アリス幻覚団の二次創作ガイドラインに準拠して作りました。これらのガイドラインに従い、この曲が東方Ｐｒｏｊｅｃｔゲームプレイビデオに使いは許可されています。” - If you used Touhou music claimed by Rightsscale as the basis for a cover: “This video was created under Team Shanghai Alice’s IP usage rules located at https://touhou-project.news/guideline/ . Under these rules, this song is allowed to be used as the basis for song covers.
この作品が上海アリス幻覚団の二次創作ガイドラインに準拠して作りました。これらのガイドラインに従い、この曲がカバーの基礎としてに使いは許可されています。”
- Check all of the boxes to ensure you are not infringing the rights of either Drillimation or another Drillimation music partner, Team Shanghai Alice, or Rightsscale.
- Enter your full legal name and not your channel name.
- Click on Submit.
Keep in mind there may be some claims that they may not be able to clear. Sometimes you may have to carry this into the appeal and/or counter-notification processes. Please note that Drillimation may not be able to assist you over takedown requests on any social media channel and there is no guarantee you will be successful in defending any claim or takedown notice.
I got a claim for a song I didn’t even use in my video. What should I do?
Some Drillimation games make use of sound effects that were harvested from Freesound and used in-game or there is a song in a game’s soundtrack that sounds very similarly to an already existing song. If this happens, Content ID may have misidentified the music used in your video. This can even happen for sound effects. You should definitely dispute the claim stating your video does not contain any of the claimed songs. If the labels or publishers agree your video does not contain the claimed songs, they will remove the claim and you will be free to run any ads you wish.
Some known audio assets may cause you to get a misidentified claim on your video. These include:
| Game | Affected asset(s) |
|---|---|
| Touhou 2: The Story of Eastern Wonderland NES Demake | Stage 4 theme or its associated boss theme |
| Touhou Meijinka ~ Song of Divine Tempest | Intro ambience |
Why do livestreams and VODs of games receive claims?
This can happen in either one or two scenarios. A record label may own music that plays in the background or a distributor may own a game’s soundtrack. If the soundtrack is separately owned by either one or more entities, claims may occur because they make unsynchronized use of the songs in the streams or VODs.
Many labels and publishers understand that their licensees may need more flexibility or permissions not covered by standard licensing agreements. Because of this, you may need a custom license to legally use these songs. Their executives have the experience to make custom licensing a streamlined process that wouldn’t interfere with your development plans. You will need to contact the label(s) and/or publisher(s) directly to obtain information on licensing options and pricing. Please note, however, that some additional rights may not be available for licensing.
What can I not do with Drillimation’s music?
Before you use such music, you will need to understand a few key points about copyright law and synchronization. The rules above do not mean you can do whatever you want with our music. It is still copyrighted in some form, and we also reserve the right to object to any unauthorized or unsynchronized uses. It is one of our sources of revenue that we need in case the Prophet needs to pick up a pizza from Domino’s or something. Copyright can be a complicated thing, and aside from the allowed uses above, below are a few things you must and cannot do with our music:
- If you synchronize the music with a visual presentation, that is allowed. If you upload the music as is and then monetize it from streaming, that is not considered synchronization.
- You must credit Drillimation Systems using the disclosure as stated in the Game Content and Brand Usage Rules.
- You cannot make the music available to download for free. That is considered an infringement of our proprietary rights and unexpressed without written permission from Drillimation Systems. If you want to provide download links to the music, please consider including the links to the Bandcamp album page instead. Additionally, we recommend you purchase the music before using them in your video.
If you have any additional questions about music use and whether it is permitted, please consider firing an email to drillimationentertainment@gmail.com. We also offer custom licensing for a fee, depending on circumstances. Please note, however, that some additional rights are not available to license.
Regarding Remixes
Are remixes (for example, piano, ambient, and transposed versions) covered under the Game Content and Brand Usage Rules?
Most remixes are typically covered under the Game Content and Brand Usage Rules, including for monetization. Please note, however, that Content ID can allow us to monetize covers of game songs on the platform. If you wish to release a cover legally, a compulsory license is required. You can obtain one without our approval, though you do need to notify us about your intent. Alternatively, you can obtain a statutory license to create a cover. They operate by law meaning we cannot normally turn down a request.
Am I allowed to use a motif from a Drillimation song in my own piece of music and then upload it to major distributors/aggregators such as DistroKid, CDBaby, or TuneCore?
We cannot grant this type of license except in extraordinary circumstances. You will need to contact Drillimation to inquire about obtaining a special license for this use. Creating a motif using the same chord progressions and/or melody as a song the Prophet has written and incorporating it into your own recordings requires such license.
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