- Specialite” (hereinafter referred to as our “Agency”) Derivative Works Guidelines (hereinafter referred to as “these Guidelines”) stipulate the scope and conditions under which the creators of derivative works may use content for which REALITY Studios, Inc. (hereinafter referred to as “REALITY Studios”) or our talent’s own rights, and the conditions under which they may be used.
- The term “derivative works” as defined in these Guidelines refers to all derivative works created by individual creators based on the originality, ingenuity, and ideas of individual creators who use our Agency’s content published by REALITY Studios.
- This agreement may be subject to change without prior notice, so please always check for the most up-to-date information.
Introduction
Application of these Guidelines
- These Guidelines apply to the derivative works of “individuals” or “unincorporated entities” worldwide. Authors who have entered into a separate agreement with us and have transferred the copyright of such content to us are also subject to these Guidelines.
- The Guidelines do not apply to commercial or corporate use. (This applies regardless of the name of the actual creator or publisher of the work.)
Copyright of Derivative Works
- Within the scope of these Guidelines, REALITY Studios adopts a policy of not asserting rights over derivative works that have been created and publicly disclosed. However, it should be noted that these Guidelines do not waive the copyright and neighboring rights of derivative works; these rights are reserved.
- When creating derivative works that involve the use of third-party intellectual property, please ensure to obtain proper permissions through appropriate means. In cases where improper handling of this matter results in damages such as compensation payments to third parties incurred by REALITY Studios, we may seek reimbursement of the incurred damages from the creator of said derivative work.
- REALITY Studios does not provide any guarantees regarding third-party rights, including non-infringement, for both our Agency’s content and its derivative works based on these Guidelines.
- REALITY Studios bears no responsibility for any disputes that may arise with third parties due to the use of our agency’s content, the creation of derivative works, or any postings, regardless of the circumstances.
- If these Guidelines are fully adhered to, inquiries regarding the permissibility of derivative works with the rights holder (REALITY Studios) are unnecessary.
Prohibitions
The following content related to derivative works is prohibited:
- Using content published by our agency and our talents as-is, without significant creative modifications, resulting in a lack of substantial originality.
- Material that misrepresents itself as official, or that could be misunderstood or misinterpreted as official.
- Creative works or activities that are deemed offensive to our talent.
- Content that appears to violate applicable laws, regulations, terms of use, or other provisions of various platforms.
- Using REALITY Studios’ registered trademarks for derivative works
- Conveying the content itself as one’s own work (including registering it in the self-identification function of each usage platform).
- Offensive to public order and morals or antisocial.
- That which contains specific ideologies, beliefs, religious or political content.
- Substances that may cause serious damage to the image of the Agency or its talent.
- That which is offensive to the honor or dignity of a third party, or infringes on the rights of a third party.
- Any other contents REALITY Studios deems inappropriate.
Derivative works that violate or are suspected of violating the prohibited items may be subject to copyright infringement and may be dealt with in some way.
Request for Prior Consent
Producers of derivative works stipulated in these Guidelines are requested to acknowledge and understand the following in advance:
- The use of derivative works may be used as material for some kind of project in the distribution activities of the talents of this agency.
- The material may be featured on social media or other social networking sites by this agency or talents of this agency.
Regarding “Clipping”
If you wish to use any of the so-called “clipping” from the Agency’s talent distribution archives, please confirm and comply with the “Derivative Works Guidelines” and the following points:
- You may use the so-called “monetization” function at your own risk, provided that you comply with these Guidelines, the terms and conditions of each platform, and other regulations.
- Please include the URL of the video from which the clipping was taken from and also its title in the video description.
- We do not guarantee anything in these Guidelines, including that the creator of the derivative work will not infringe on the rights of any third party through the use of the “clipping” function.
- We assume no responsibility for any disputes that may arise between the creator of a Derivative Works and a third party based on the Clip-Outs.
The following are prohibited in relation to the Clippings:
- Contents that arbitrarily lead to misunderstanding of the facts.
- Content that leads to the dissemination of misinformation or false information.
- Acts that lead to damage to the honor or credibility of the Company or its talent.
- Any “clipped video” with a thumbnail that promotes the above-mentioned problems.
- Clippings of content that cannot be viewed free of charge in the archive, such as YouTube membership-only distribution or video content that can be viewed only with the purchase of a ticket.
- Archives and videos for which “Clipping Prohibited” is indicated in the video or in the summary section of each video.
- Any other content that the Company deems inappropriate.
Any “clipping” that violates or is suspected of violating any of the prohibited items may be subject to copyright infringement and may be dealt with in some way.
Regarding Doujin (Coterie) Activities
When engaging in so-called “Doujin Activities” of our content, please confirm and comply with these Guidelines and the following points:
- It is our policy that we will not assert any rights, such as injunctions against sales, with regard to the distribution of our works for a fee at coterie events or through Internet transaction services for non-profit purposes. However, this does not apply to cases where REALITY Studios can determine that the profits expected to be gained from the provision or presentation of a paid work would be unreasonably impaired.
- Singing covers of original songs by our talent will be treated as a part of their doujin activities. If you created a cover song, please credit the original title of the derivative work, the singer, and the songwriter in the appropriate places.
- For other uses of music, please utilize them appropriately through the copyright management organization commissioned by REALITY Studios.
- These Guidelines do not provide any guarantees from our company, including that creators of derivative works will not infringe upon third-party rights through ‘Doujin Activities’.
- In no event shall we be liable for any dispute with a third party arising out of the Doujin Activities of the creator of the Derivative Works.
The following are prohibited in relation to Doujin Activities:
- The use of content published by this agency or the talents of this agency as-is, merely modified, or is extremely lacking creativity.
- Any content that is mislabeled as official, or that could be misunderstood or misinterpreted as official (including the use of songs sold by REALITY Studios as is for cover song activities).
- Creative works or activities that are deemed offensive to our talent.
- Any work that does not appear to be in compliance with applicable laws, regulations, rules, or the terms and conditions of each platform used.
- Publication or distribution of derivative works for commercial purposes or by a legal entity as the ordering entity (this is regardless of the name of the publication or whether the ordering contract is paid or free of charge).
- Other content REALITY Studios deems inappropriate.
Doujin activities that violate or are suspected of violating any of the prohibited items may be subject to some form of action for copyright infringement.