Khara's new guidelines for Eva fanwork

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Khara's new guidelines for Eva fanwork

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Postby FelipeFritschF » Sun Dec 27, 2020 10:05 pm

Khara has just released new guidelines for the publication of fan material. They are... interesting.



(This guideline is published in Japanese. If you read it in another language by automatic translation, please understand that the original text in Japanese is respected.)

Text:
This guideline is for those who want to enjoy the creation of fans of the "Evangelion" series (hereinafter referred to as "this work") for which we have the original rights, and for the purpose of publishing the creations.
It is a rule for fans to create fan art with peace of mind, so please check it before you enjoy your creative activities.

1. 1. This guideline is basically for individuals to publish their creations as fan activities free of charge. For corporations and individuals who intend to use it for commercial purposes, a license for the work is required individually.
The commercial use mentioned here does not matter whether it is free or paid. Any act for the purpose of advertising, promotion, or sales promotion is for commercial use even if it is distributed free of charge.
For inquiries about commercial use, please contact us from here.

2. 2. Within the scope of this guideline, videos, still images (illustrations, manga, photographs, etc.) and novels can be published at the following locations.

General SNS for all ages
Illustration posting service
Novel posting service
Video posting / distribution service in general

However, it is limited to services that are generally used by many people and do not violate public order and morals.

3. 3. Please create with understanding and respect for this work. Also, create with respect and understanding for the activities of the existing fan community.

4. Please refrain from publishing creative works with the following expressions and contents.

This work, or for the purpose of damaging the feelings, honor, way of thinking, etc. of others
Over-promoting or degrading a particular politics, religion, or belief
Overly violent and grotesque
For the purpose of pornographic expression itself
Other antisocial expressions
Those that infringe the rights of others
Things that can be mistaken for official works

5. For posts that use some of the official works (audio, video, still images, text, etc.) as materials, please observe the following.

Please keep it within the scope of "quotation"
Basically, video, music, and audio cannot be used.

6. Please observe the following scope and precautions when publishing your own fan creations and their production process on the "Video Distribution Service" or "Paid Fan Membership Service". In this case, it doesn't matter if the monetization program is running.

Target service
(A) Video distribution service
A. YouTube Live
B. Twitch
C. pixivSketch Live
D. Nico Nico Live Broadcasting
(B) Paid fan membership service
A. Patreon
B. pixivFANBOX
C. Ko-fi
Notes
(A) Evangelion's fan creation is not the main content of the account
(B) Keep the scope of your hobby's creative activities and do not engage in excessive commercial activities using the creative works.

7. When publishing a fan creation, unless you declare a separate scope of use, it is considered that the work has been published under the same license as this guideline.

8. Regardless of the content of this guideline, in order to protect the personality of the author (honor / voice, display of the author's name, identity of the work, etc.) for both our company and the creators of its fan creations. You have the right to suspend the publication of fan creations derived from your own work.

9. The guidelines are subject to change without notice, taking into account your opinions and reactions, and changes in the world.

that's all
December 28, 2020
Color Co., Ltd.
* Currently, we are also considering rules regarding the sale and commercialization of fan art. Please wait for the follow-up report.


This is... weird, and somewhat vague. Some Japanese companies are notoriously controlling of their IPs, others openly support fan creations to varying degrees. It is common practice for anime companies to hire up and coming fan artists, or for those to be picked up by professionals somehow. Anno, notably, made several hentai doujins himself: thread/10384/Hentai-Doujinshi-by-Hideaki-Anno/

Doujins, in particular, are technically in a sort of legal gray zone in Japan, as they are profiting off a third party's creations, yet Gainax/Khara has always supported Comiket et al. Famously, Anno & co used doujins to analyze the success of Gunbuster and Nadia. There are also non-H ones, of course, and rather high profile ones like Re-Take. Other creations like AMVs/MAD, compilations and even theory videos and posts also obviously use official material - and can also be monetized. Does this count? Are they going to do the same to other Eva videos, including all those videos uploaded in 240p in 2007 with millions of views?

I ask our actual translators to give us a better bearing (Zeruss provided this machine translation), and those with a deeper knowledge of the Japanese industry, market and law to give their opinions, not to mention Khara themselves will probably give further clarifications or adjustments, considering the Japanese fans seem to be just as confused as we are. Possibly, some people are arguing, this won't actually mean anything and they are just setting basic standards that will only really be applied to obvious extremes like guro, nazi shit (even though they kinda did it themselves lol!), in anticipation for the obvious reigniting of Eva fan activity and attention with Shin's release.

Some people have also argued that Khara has shown less than ideal handling of social media and fan creations, and the fact that they have released this now, in a fairly vague manner, while openly saying they haven't made a decision regarding the commercialization of fanart yet (seems a rather crucial oversight, no?) and that it's subject to change and feedback feels kinda haphazard to me. Might they act arbitrarily in the near future regarding fan work considering those rather poorly defined guidelines?
Last edited by FelipeFritschF on Sun Dec 27, 2020 10:50 pm, edited 2 times in total.

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Re: Khara's new guidelines for Eva fanwork

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Postby Blockio » Sun Dec 27, 2020 10:41 pm

Since the discord has been running hot about that issue, I guess a few comments are called for here.

First and foremost far more likely than not, this isn't going to change anything. As Zeruss has pointed out on the Discord during the debate, it's exceedingly rare that companies as big as khara don'r already have a plicy like that. All this probably is is prophylaxis to have legal basis for shutting down people trying to profit off of the release of Shin. Despite some vague words about pornographic content, noone is going to go after some random smut fanfic or doujin involving Eva characters.
The latter are sold at festivals like Comiket which, as Felipe has pointed out, khara has historically always been in support of.
To provide a counterexample to put things into perspective:
Media giant and damn-near-monopolyholder on plastic robots Bandai/Sunrise, notorious for cracking down hard on third parties, also allows fanart and hands out one day licenses for cheap allowing individual makers to sell resin kits at these same cnventions.

Calm down everyone, there will be no noticable change.
I can see why Gendo hired Misato to do the actual commanding. He tried it once and did an appalling job. ~ AWinters
Your point of view is horny, and biased. ~ glitz2hard
What about titty-ten? ~ Reichu
The movies function on their own terms. If people can't accept them on those terms, and keep expecting them to be NGE, then they probably should have realized a while ago that they weren't going to have a good time. ~ Words of wisdom courtesy of Reichu

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Re: Khara's new guidelines for Eva fanwork

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Postby Joseki » Mon Dec 28, 2020 3:54 am

As I said on Discord, I don't expect anything to change.

The only part I'm interested about is the very vague worded "for the purpose of pornographic expression itself". We are dealing with a machine translation, but this leaves a lot to the interpretation when it comes to judge if a fanart is "fap material" or "a work of art".

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Re: Khara's new guidelines for Eva fanwork

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Postby Xard » Mon Dec 28, 2020 4:20 am

There's absolutely no reason to do this instead of the usual anime industry grey zone tolerance policy they have followed so far if they don't mean to act on it.

I think Khara wants to legitimize fan works officially within acceptable limits. Hence they need to clarify the limits - and at least somewhat enforce them. All they need to do now is to sue some adventurous guy and 95% of hentai guys will run away scared.

and yes, Japanese are panicking lmao

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Re: Khara's new guidelines for Eva fanwork

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Postby silvermoonlight » Mon Dec 28, 2020 7:07 am

Good luck to them trying to enforce this as I've never seen a successful ban or stopping of fan based art or fan fiction to date. The last attempt in 2006 led to the creation of Archive Of Our Own being made who created their guild to protect fan fiction writers. The only thing I've ever seen get a full on ban was lollicon in the UK but that had to be enforced by UK law.
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Re: Khara's new guidelines for Eva fanwork

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Postby kuribo-04 » Mon Dec 28, 2020 11:03 am

This is really bad honestly. I say that as someone that adores this company. There could be a million reasons for why this was done, but it's bad.

We all know khara staff's doujin background.
Shinji: "Sooner or later I'll be betrayed... And they'll leave me. Still... I want to meet them again, because I believe my feelings at that time were real."
Ryuko: "I'm gonna knock ya on your asses!"
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Re: Khara's new guidelines for Eva fanwork

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Postby FelipeFritschF » Mon Dec 28, 2020 4:46 pm

https://www.crunchyroll.com/pt-br/anime ... itter_news

These guidelines have been released ahead of a collaboration between Evangelion and pixiv, where the artist community website will be holding a project over the next 6 months under the theme of Evangelion in various circumstances. Contests will also be held on the site and affiliated apps. The project starts on January 19 just before Evangelion 3.0+1.0 releases on January 23.


This is new. https://prtimes.jp/main/html/rd/p/00000 ... 35885.html

Machine translation wrote:"Shin Evangelion Theater Edition" Public Memorial! Evangelion×The Picnic Project started in January 2021!
Collaborative planning is carried out with pixiv, pixiv Sketch and other services
Pixib Corporation December 28, 2020 16:00


Pixib Corporation (Head Office: Shibuya-ku, Tokyo; Representative Director: Shingo Kunieda; hereinafter "Pixib") will hold the "Evangelion" × Pixib Project in collaboration with "Evangelion" in commemoration of the release of the "Shin Evangelion Theater Version" from January 19, 2021.

This collaboration commemorates the release of the film "Shin Evangelion Theater Version", which will be released on Saturday, January 23, 2021. The collaboration will be held from January to June 2021, at various services operated by Pixib, including the illustration communication service "pixiv".

In the first edition, "pixiv," users post illustrations and put together their forces to fight against common enemies in a battle-style illustration project, "Evangelion" Battle Illustration Contest was held from January 19, 2021. We will be looking for illustrations based on the Evangelion series. For the work, please follow the "Guidelines on Fan Creation in the Evangelion Series" released from Color Co., Ltd. on Monday, December 28.
"Guidelines for Fan Creations in the "Evangelion" Series" https://www.khara.co.jp/guideline/

In the second edition, we will hold a coloring contest titled "Coloring Plan of Yurushito" in the drawing communication app "pixiv Sketch" from the same day.

In addition, on pixiv (except for the app version), the logo and site design will be "Evangelion" specifications for a limited period of time. In addition, drawing illustrations by famous overseas creators such as Timbougami, Zeronis, Vinne, Airi Pan, and Grandia Moto will be released. In the first and second editions, various collaborative projects are prepared based on illustrations.

In addition, the third and fourth collaborative projects on other services operated by Pixib will also be released later.
At Pixib, we will continue to work on various projects to support the "likes" of creators and fans in order to realize the mission of creating a place where creative activities can be more enjoyable.


Also:

Though Khara does state that if your a fan of the franchise and use a service like Patreon or YouTube, you may use video and audio as "quotations" (see: fair use) and have monetization that way, but all your content can't just be Evangelion-based.


So what, it's fine if your channel has a bunch of non-Eva videos but if you happen to just dedicate yourself to Eva you get sued by the people that make Eva? Questionable to say the least, are they implying you're somehow grifting Khara? Come on...

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Re: Khara's new guidelines for Eva fanwork

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Postby Blockio » Mon Dec 28, 2020 11:47 pm

Calm the hell down, people. Take a look at literally any other media company, and you will see very similar, and similarily worded policies, and we all know how little that actually means for fanworks. AMVs have always been an illegal infringement on copyright, both of the series and the songs used, and have had a habit of regularily disappearing from youtube.

This is going to change absolutely fuckall in practical terms.
I can see why Gendo hired Misato to do the actual commanding. He tried it once and did an appalling job. ~ AWinters
Your point of view is horny, and biased. ~ glitz2hard
What about titty-ten? ~ Reichu
The movies function on their own terms. If people can't accept them on those terms, and keep expecting them to be NGE, then they probably should have realized a while ago that they weren't going to have a good time. ~ Words of wisdom courtesy of Reichu

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Re: Khara's new guidelines for Eva fanwork

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Postby JoelcrNeto » Tue Dec 29, 2020 8:10 am

^
An huge example is the Pokémon franchise. Several fans of the franchise complain about the rigidity imposed by The Pokémon Company, but it's justifiable, it's the largest media franchise in the world, surpassing even Star Wars! Imagine how much Pokémon is pirated.
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Re: Khara's new guidelines for Eva fanwork

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Postby silvermoonlight » Tue Dec 29, 2020 8:44 am

View Original PostBlockio wrote:Calm the hell down, people. Take a look at literally any other media company, and you will see very similar, and similarily worded policies, and we all know how little that actually means for fanworks. AMVs have always been an illegal infringement on copyright, both of the series and the songs used, and have had a habit of regularily disappearing from youtube.

This is going to change absolutely fuckall in practical terms.


I think the issue here is people might be thinking back to Ann Rice who tried to ban all fanart and fanfiction and threatened to sue anyone making anything regarding her work and she meant it, it was why everyone panicked and declaimers had to put on stories in the early 2000's. This was before Archive of our own created the guild to protect writers from being sued. Before this it was a scary moment for fan art and fan fiction writers as you lived in fear of being sued.

Also after careful thought I also wonder if Khara's motivation is the start cleaning up the anime industry since its now mainstream, hence it wants to get rid of the much more unsavoury comics since it selling worldwide and no longer wants the rapey sick puppy art attachment along with bootlegs and fan made merchandise. So I think Khara is testing the waters with this and if its successful other anime companies will follow suit.
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Sequel As The Divine Light Breaks For download version please go to AO3

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Re: Khara's new guidelines for Eva fanwork

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Postby Blockio » Tue Dec 29, 2020 8:55 am

View Original PostJoelcrNeto wrote:^
An huge example is the Pokémon franchise. Several fans of the franchise complain about the rigidity imposed by The Pokémon Company, but it's justifiable, it's the largest media franchise in the world, surpassing even Star Wars! Imagine how much Pokémon is pirated.

Not even about the piracy bit. Pokemon also has similar policies regarding porn, and anyone who has ever innocently googled any of the popular pokemon and scrolled down a bit can tell you just how "much" that changed
I can see why Gendo hired Misato to do the actual commanding. He tried it once and did an appalling job. ~ AWinters
Your point of view is horny, and biased. ~ glitz2hard
What about titty-ten? ~ Reichu
The movies function on their own terms. If people can't accept them on those terms, and keep expecting them to be NGE, then they probably should have realized a while ago that they weren't going to have a good time. ~ Words of wisdom courtesy of Reichu

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Re: Khara's new guidelines for Eva fanwork

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Postby FreakyFilmFan4ever » Tue Dec 29, 2020 10:43 am

This is basically Khara putting up a sign to tap while for the next time they take something down due to copyright infringement. It doesn't change anything, really, it just clearly states what their goals have always been regarding their relationship with fan art.

Arguably this means there's less confusion, but the wording is so vague that really doesn't do a whole lot in that regard. :tongue:
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Re: Khara's new guidelines for Eva fanwork

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Postby FelipeFritschF » Tue Dec 29, 2020 2:03 pm

View Original Postsilvermoonlight wrote:Also after careful thought I also wonder if Khara's motivation is the start cleaning up the anime industry since its now mainstream, hence it wants to get rid of the much more unsavoury comics since it selling worldwide and no longer wants the rapey sick puppy art attachment along with bootlegs and fan-made merchandise. So I think Khara is testing the waters with this and if its successful other anime companies will follow suit.


Since now it's mainstream? It is mainstream now in the Anglosphere, I suppose, but it's been mainsream elsewhere in the West for a good 20-30+ years. Moreover, the international market is of little concern to Khara, what matters to them is the Japanese market. However, let us consider that there is an ulterior motive for Khara to do this... Anno has mentioned before that he wishes to see the anime and manga industry revitalized. Covid has, naturally, struck Comiket as well. What if he hopes to create more non-H, story-focused works instead of cheap smut? I mentioned on the server that...

This porn ban is weird. I'm fine with everything on that list, but I don't like the prospect of probably half or so of Eva fan material getting killed off. I don't even watch porn. But there are hundreds of Eva doujins that are 30% of porn, and the rest is story. Many artists use porn to launch their careers further. Khara themselves hired some. Retake, burden of adolescence, girlhood, Eva 303 all have, not even that, more like 5% porn, and simply use it to drive up sales. Anno himself always did that.


But quite a lot of those authors are fully capable of not having to resort to porn. Can they survive? I sure hope so.

In other news:

https://ent.smt.docomo.ne.jp/article/2163841

”to think ’Sayonara to all of Evangelion’ included Mogunami too LOL”

Infamous doujin artist Mogudan has said he'll never make Eva doujins again. This is the end of the distorted monstrosity that is Mogunami. Finally, Rei's dignity shall be respected. Other degrading artists like Izurumi haven't done anything in years. Perhaps this will turn out to be a good thing.

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Re: Khara's new guidelines for Eva fanwork

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Postby kuribo-04 » Tue Dec 29, 2020 2:22 pm

∆ in what way was he degrading? (I don't know him.)
Keep in mind Gainax themselves did a hentai doujin, so they were lenient to say the least.

Edit: quick googling provided an answer lol. Uhhh not for me. But objectively not "worse" than anything in the quasi official Evangelibon artbook.
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Ryuko: "I'm gonna knock ya on your asses!"
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Re: Khara's new guidelines for Eva fanwork

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Postby Blockio » Tue Dec 29, 2020 4:41 pm

View Original Postkuribo-04 wrote:∆ in what way was he degrading? (I don't know him.)

Faceless fat old dudes gangrape <- warning squick
I can see why Gendo hired Misato to do the actual commanding. He tried it once and did an appalling job. ~ AWinters
Your point of view is horny, and biased. ~ glitz2hard
What about titty-ten? ~ Reichu
The movies function on their own terms. If people can't accept them on those terms, and keep expecting them to be NGE, then they probably should have realized a while ago that they weren't going to have a good time. ~ Words of wisdom courtesy of Reichu

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Re: Khara's new guidelines for Eva fanwork

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Postby kuribo-04 » Tue Dec 29, 2020 5:23 pm

View Original PostBlockio wrote:
View Original Postkuribo-04#904374 wrote:∆ in what way was he degrading? (I don't know him.)

Faceless fat old dudes gangrape <- warning squick

Ok that I didn't see. But...Evangelibon features just that. In fact whoever the Gainax member who drew that was (I think they were all Gainax members) was probably the first to ever draw that.
Shinji: "Sooner or later I'll be betrayed... And they'll leave me. Still... I want to meet them again, because I believe my feelings at that time were real."
Ryuko: "I'm gonna knock ya on your asses!"
-Asuka: THINK IN GERMAN!!! -Shinji: Öh... Baumkuchen...
Hayashida: "As game developers, our work is special. All of us here can put smiles on very many people's faces with our work."
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Re: Khara's new guidelines for Eva fanwork

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Postby BusterMachine4 » Tue Dec 29, 2020 5:30 pm

View Original Postkuribo-04 wrote:Ok that I didn't see. But...Evangelibon features just that. In fact whoever the Gainax member who drew that was (I think they were all Gainax members) was probably the first to ever draw that.

No, Eva didn't feature that, and I'm tired of people saying it did. The "SEELE gangraped Ritsuko" theory has got to be one of the worst Eva theories ever. There's no way it could have even happened in the first place: SEELE were in monolith form in that scene, which means that they weren't actually in the room, and probably weren't even in Japan. Ritsuko being nude was just supposed to be a degrading thing, symbolizing the unpleasant layers of her personality being laid bare. That gangrape theory has practically zero substance to it, and seems like it was just created to make Eva seem more edgy than it actually is.

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Re: Khara's new guidelines for Eva fanwork

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Postby kuribo-04 » Tue Dec 29, 2020 10:03 pm

∆ You got something mixed up here. "Evangelibon" wasn't a misspelling. There's a doujinshi artbook actually called that (18+). I assume everyone knows those things. I should have clarified.
Shinji: "Sooner or later I'll be betrayed... And they'll leave me. Still... I want to meet them again, because I believe my feelings at that time were real."
Ryuko: "I'm gonna knock ya on your asses!"
-Asuka: THINK IN GERMAN!!! -Shinji: Öh... Baumkuchen...
Hayashida: "As game developers, our work is special. All of us here can put smiles on very many people's faces with our work."
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Postby Zeruss » Wed Dec 30, 2020 1:26 am

As expected, here's an update from the khara twitter account regarding the fanwork guidelines (be aware it is translated via Google Translate).

Start of thread (5 posts):


Machine translation:
1/5) Regarding the guideline for fan creation of "Evangelion" announced the other day, I feel that only a part of it has been cut out and the intention has been distorted, so I would like to supplement it a little.

First of all, this guideline does not [regulate / prohibit] fan activities including their contents.

2/5) We believe that fan activities arise from the feeling of favor and support for the work, and we have been supported by our fans for a long time.

Going back in the past, we have never [regulated / banned] existing fan activities.
And that attitude and thoughts will not change in the future.

3/5) We have released this because we think that we need a basic policy so that everyone who is doing fan activities can enjoy it with peace of mind.
The reason why I leave the ambiguity in the interpretation is that I do not want to hinder the free activities of the fans as much as possible.

4/5) It's a little difficult, but I would like each person to read the [text], think carefully, and continue their activities at their own risk.

5/5) We have received some inquiries, but as a general rule, we will not reply individually regarding the interpretation and operation of this guideline.
Being cracked down in a community of fans is what we don't want most.
I'm a lurker at heart.

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Re: Khara's new guidelines for Eva fanwork

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Postby kuribo-04 » Wed Dec 30, 2020 1:39 am

Ver good that they gave an answer. Down to Earth.
Shinji: "Sooner or later I'll be betrayed... And they'll leave me. Still... I want to meet them again, because I believe my feelings at that time were real."
Ryuko: "I'm gonna knock ya on your asses!"
-Asuka: THINK IN GERMAN!!! -Shinji: Öh... Baumkuchen...
Hayashida: "As game developers, our work is special. All of us here can put smiles on very many people's faces with our work."
~('.'~) (~'.')~ Dancin Kirby


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