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(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.)
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.
(A) Video distribution service
A. YouTube Live
C. pixivSketch Live
D. Nico Nico Live Broadcasting
(B) Paid fan membership service
(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.
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?