「斗和キセキ」の二次創作に関するガイドライン | Pictoria Inc.

Guidelines Regarding "Towa Kiseki" Derivative Works
Enacted: April 16, 2019

Guideline

These Guidelines Regarding "Towa Kiseki" Derivative Works ("Guidelines") set forth rules related to the use of Derivative Works etc. featuring the character "Towa Kiseki" ("Character"), to which Pictoria Inc. ("Company") holds all rights.
These Guidelines apply to the creation/use of Derivative Works about the Character, and Users must abide by the rules set forth herein when creating/using such Derivative Works.

Further, these Guidelines are subject to change without advance notice, and Users are therefore asked to verify the current particulars at all times.

Article 1: Scope of Application


1. These Guidelines set forth basic matters relating to use of the Character.

2. In the case where the Company publishes separate or additional provisions related to the Character ("Separate Provisions") on a Company website or transmits same by email or the like, such Separate Provisions shall constitute a part of these Guidelines, and in the case of a conflict between Separate Provisions and these Guidelines, such Separate Provisions shall prevail.

Article 2: Definitions


For the purposes of these Guidelines, the terms of the items below shall have the meanings ascribed to them in their respective items.

(1) Character

means the character (i​.e.,​pictorial creative works created to represent an abstract concept that has been assigned a name and further characterized by a voice, external appearance, sex, universe and the like in order to distinguish its existence from others) named "Towa Kiseki", to which the Company holds all rights.

(2) User

means any corporation, group or individual that uses all or some of the Character or any Derivative Work thereof.

(3) "Secondary Work"

means any creative work produced by translating, arranging, transforming/distorting, adapting for stage or screen, or otherwise reimagining a creative work.

(4) "Modification"

means any work which is created by changing, cutting or otherwise modifying a creative work and which does not fall under a Secondary Work.

(5) "Derivative Work"

means, collectively, Modifications, Secondary Works, and other creative works that are created based on the Character. It should be noted that in the case of cosplay as the Character, costumes etc. and, where images have been recorded, the relevant photographs, videos and the like, are also treated as Derivative Works for the purposes of these Guidelines.

(6) "Intellectual Property Rights"

means copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights (including rights to obtain or apply for registration etc. of such rights).

Article 3: Licensing


1. The Company will grant Users a non-exclusive license to engage in the actions indicated below, subject to said Users' compliance with these Guidelines. It should be noted that the license under this paragraph ("License") cannot be sublicensed to third parties. Further, the status as licensee under such License cannot be transferred, assigned or otherwise disposed of to/for third parties.

(1) Creating Derivative Works featuring the Character;

(2) Duplicating, performing, screening, publicly transmitting (includes enabling public transmission), exhibiting or distributing Derivative Works one has personally created, or cosplaying as the Character;

(3) Using, as the name of a Derivative Work one has personally created, an original name which uses part of the name of the Character; and

(4) Using all or some of the Character's name in the title, explanatory text etc. of a Derivative Work one has personally created.

2. Notwithstanding the preceding paragraph, commercial or profit-seeking use of the Character shall require the advance consent of the Company for each mode of use individually. Users should inquire with the Company when they wish to engage in commercial or profit-seeking use.

3. When a Derivative Work created under a License is used, the Character name "Towa Kiseki" must be indicated.

4. The Company shall be entitled to use Derivative Works created by Users, for free and without restriction as to mode of use, region, timeframe or number of uses, for the sole purpose of promoting the Character; Users shall not raise objections to such use.

Article 4: Prohibitions


Users shall not, either directly or through third parties, engage in conduct falling under any of the following items when using the Character under a License.

(1) Conduct in violation/breach of: laws and regulations; court rulings, decisions or orders; or administrative measures having binding force under laws and regulations;

(2) Conduct that infringes Intellectual Property Rights or other rights of any third party, or is injurious to the reputation etc. of any third party;

(3) Conduct that contravenes public order and morality;

(4) Conduct in breach of these Guidelines or Separate Provisions;

(5) Conduct that is injurious to the reputation or good name of the Character or degrades the dignity or the Character;

(6) Conduct that contains excessively obscene representations;

(7) Conduct which creates the misleading impression that said conduct is official activity of the Character;

(8) Conduct which creates the misleading impression that the Character is an original character of the User him/herself or of a third party other than the Company;

(9) Commercial use without the Company's advance approval;

(10) Conduct intended to support, further, oppose or impede specific creeds or religions, or to make political statements;

(11) Conduct associated with discrimination on the basis of race, nationality, creed, sex, social status or the like;

(12) Impersonating the Company, other Users or other third parties;

(13) Providing benefits to antisocial forces etc.;

(14) Conduct that furthers the conduct of any of the foregoing items or is likely to fall under such conduct; and

(15) Other conduct that the Company deems inappropriate.

Article 5: Termination of Licenses


1. In the case where a User has breached these Guidelines or Separate Provisions, the License granted to such User shall terminate automatically.

2. Notwithstanding the preceding paragraph, the Company will be entitled to suspend or terminate a License at any time if necessary. From such time onwards, no new use under Article 3, Paragraph 1 will be authorized.

3. The Company will bear no liability for any damage suffered by Users as a result of the suspension or termination of a License under this Article.

Article 6: Intellectual Property Rights


All Intellectual Property Rights related to the Character will belong to the Company. A License does not signify the assignment to a User of Intellectual Property Rights related to the Character.

Article 7: Alteration of Character, Amendment of Guidelines, etc.


1. The Company shall be entitled, at its discretion, to amend, alter, add or delete all or any part of the content of the Character or these Guidelines.

2. The Company shall be entitled, at its discretion, to terminate the provision or operation of all or any part of the Character. In such case, the Company will communicate such fact to Users by a method the Company deems appropriate; provided, however, that in urgent cases such communication to Users may not be provided.

3. The Company shall bear no liability for any damage suffered by Users in consequence of any action taken by the Company under this Article.

Article 8: Damages


1. In the case where a User has breached these Guidelines or Special Provisions etc. or caused damage to the Company in connection with use of the Character, such User must compensate the Company for all of the relevant damage.

2. In the case where, in connection with the use of the Character by a User, the Company has been the subject of a claim from another User or other third party for reason of infringement of rights or for any other reason, such User must provide compensation for all damage suffered by the Company under such claim.

Article 9: Disclaimer


1. The Company in no way guarantees that all information obtained by Users through use of the Character under Licenses will be suitable for such Users' specific purposes or will have the expected functions, commercial value, accuracy, efficacy or completeness, that use of the Character will be in conformity with the laws and regulations or internal rules of industrial groups that are applicable to Users or will not infringe the rights of third parties, or that there will be no failures.

2. The Company shall bear no liability for damage suffered by Users in connection with use of the Character under Licenses.

3. In the case where a dispute has arisen between a User and another third party in connection with use of the Character under a License, said User shall immediately notify the Company to that effect and shall resolve the matter under its own responsibility and at its own expense, and the Company shall not involve itself in such matter or be in any way liable therefor.

4. In the case where, notwithstanding the previous three paragraphs or other disclaimer provisions of these Guidelines or Separate Provisions, the Company is liable for damage to a User due to the applicability of the Consumer Contract Act or due to any other reason, except where such damage arose through willful misconduct or gross negligence on the part of the Company, the scope of the Company's liability for damage shall be limited to direct and ordinary damage actually suffered for a reason attributable to the Company, and the maximum amount of damages shall be the amount of costs incurred by the User for use of the Character under the License (or, in the case where such amount is greater than 10,000 yen, 10,000 yen).

Article 10: Assignment of Status, etc.


1. Absent the advance written consent of the Company, Users are not entitled to assign (includes general succession through merger, corporate separation or the like) or provide as security to/for third parties all or any of said Users' rights and duties under these Guidelines or Separate Provisions.

2. In the case where the Company has transferred to another company business pertaining to the Character, in conjunction with such transfer of business the Company shall be entitled to assign to the transferee of such transfer of business the Company's rights and duties under these Guidelines or Special Provisions etc. and the Company's registered information and other customer information, and Users will be deemed to have consented in advance to such assignment under this paragraph. Transfer of business under this paragraph shall include general succession through mergers, corporate separations or the like under which the Company becomes a disappearing company or split company.

Article 11: Governing Law and Jurisdiction


1. These Guidelines shall be governed by the laws of Japan, and the Tokyo District Court shall be the exclusive agreed court of first instance for all disputes arising in consequence hereof or in connection herewith.

2. The Japanese version of these Guidelines shall be the official version hereof, and these Guidelines shall always be construed on the basis of the Japanese only. Translations into other languages shall be used solely for reference, and in the event of a discrepancy between the Japanese version of these Guidelines and a translation hereof, the Japanese version shall prevail.