Derivative Work Guidelines

Last updated on July 1st 2024

Foreword

Definitions:
Yume’s manager: Otaku (discord: @joshbarmegus) (email: joshbarmegus1@gmail.com)Fan Artworks: see definition of Fan Artwork (derivative work) below
Server (in context of moderation staff): Yume’s main Discord serverPlease do not hesitate to contact yume’s manager at the email listed above if any part of this document seems confusing or unclear

Introduction

Yume Kuzukawa (夢クズかわ) (hereinafter referred to as ‘Yume’) has established in advance reasonable guidelines for derivative works (hereinafter referred to as ‘fan artworks’). This is to prevent various issues that may occur during or following the creation of fan artwork inspired by Yume or their own personal works. Following these guidelines will render the process of creating and distributing fan artworks much easier and smoother.The following guidelines apply to works which include or relate to the following:• Official characters to which Yume exclusively owns the copyright or intellectual property of.
• Music and other media to which Yume exclusively owns the copyright or intellectual property of.In order to create, distribute, or publish fan artworks in relation to Yume or any member of their staff/team (including but not limited to: editors, managers, and server moderation staff) you must read and agree to all of the guidelines listed. Failing to read the guidelines does not exempt you from them. When publishing any fan artworks in relation to Yume, it is assumed that you have read and agreed to the regulations listed in this document, and you will be held accountable for any violations of said guidelines.When publishing any fan artworks that comply with the guidelines listed in this document, there is no need to contact Yume, their manager, or any member of their team for permission. Please follow the general code of conduct in the derivative works community and freely enjoy creating fan artworks. Please use common sense when deciding whether your fan artwork complies to these guidelines, and do not attempt to exploit the wording of this document in order to publish fan artworks which go against the purpose of these guidelines. Any fan artwork portraying Yume or characters under her IP are subject to deletion if that is the wish of Yume and her team.When publishing a fan artwork you agree that Yume has the right to use said artwork for any purpose they desire, including but not limited to: social media posts, schedule artworks, and video thumbnails. Yume will NOT use fan artworks for direct monetary gain in commercial settings (in ways such as selling said artworks, applying said artworks to merchandise (merch), or using said artworks as stream assets) unless specific permission is requested by Yume or their Manager from the creator of said artwork.

Definition of fan artwork (Derivative Work)

Fan artwork is considered any art of any form which takes from or relates to subjects or characters to which Yume owns the IP or rights.The use of Yumes content as-is with minor changes or modifications lacking creative input (such as recolors of fan artwork created by others) is NOT considered fan artwork and is not permitted or subject to these guidelines.For example, the following activity will not be considered a fan artwork:
• Publishing official character illustrations to which Yume exclusively owns the copyright after applying trimming, color modifications, trivial arrangement, etc.Doing so is prohibited and the post containing the content described above is subject to deletion.

Precautions
Please observe the following guidelines regarding derivative work.• Please refrain from any creative activities that Yume might find offensive.
• Please comply with all laws, platform protocols, and other regulations applicable to the derivative work.
• Derivative work that include controversial, particular ideology, religious, political content or intentions, and anything else not considered to be acceptable by the public are prohibited.
• Derivative work that significantly damages the reputation of Yume are prohibited.
• Derivative work that damages any third party’s reputation or violates their rights are strictly prohibited.
• Impersonating our company, our talent, or any third party, or producing any derivative work that may be misunderstood as a specific person or organization is prohibited.
• Acceptable standards for adult content (NSFW) are dealt with on a case by case basis, so please comply with general socially acceptable standards which prohibit pedophilia, extreme gore, vore, etc... If the criteria are not clear or you are not sure if your artwork complies to the guidelines for derivative work, please contact Yume’s manager (@joshbarmegus on discord)
• Please proceed with these activities with the main intention of them being hobbies. We do not permit anything that can be considered for-profit or for business purposes (including, cases where the business bears the production cost, etc. even if it is under an individual’s name).
• A business may not produce, sell, or distribute derivative work without the consent of Yume and their manager, however individuals who create derivative works MAY sell derivative works created by said individual for monetary gain in the following contexts:
- Public conventions
- Private conventions
- Art showcases and similar events
- Special events centered around a relevant topic (anime, vtubers, art, etc)
- other settings which do NOT involve mass production (selling in online stores is also prohibited*)
Other than that, derivative works deemed inappropriate are prohibited.*If you wish to sell any art you made in an online store, please ask permission first as we would like to review it on a case by case basis.

Based on your use of the hashtag "#YumekawART" or another Twitter hashtag (“# [hashtag used on Twitter]”) that is designated by Yume, you may be able to better enjoy the derivative works more closely with Yume, so please use them. However, even if the tag is not used when publishing a derivative work, please note that the guidelines and rights still apply.

Other
We do not waive the copyright and related rights of our content in accordance with the general guidelines and we reserve the authority to exercise these rights.We are not responsible for and will not mediate any disputes that arise with third parties from the use of our content or related derivative work.General guidelines may be modified without notice. We are not responsible for any damages that arise from following the guidelines prior to the changes made.
Please make sure to have checked the latest version.

Guidelines for Creating Clips

Introduction
Yume and their team encourage the making of clips and publishing of said clips, as it helps with growth and does not negatively affect Yume in any way, however guidelines have been set to ensure that clipping and publishing of said clips are both done correctly and in a way that does not violate the legal rights of Yume or their brand.Please refer to the general guidelines as well as the clip guidelines as both are subject to clips.Please refer to the terms and conditions of the content rights’ holder for the creation of clips containing content that we do not have copyright or related rights to. In addition, we do not respond to inquiries regarding third party usage agreements.The guidelines do not apply to members-only video content, ticket-based live video content, and other paid content, and use of these content are prohibited unless separate permission is granted by Yume or their manager

Precautions
Please observe the following as well as the “precautions” in the general guidelines regarding the production and posting of clips.Please fill in the following information at the beginning of the clip’s description.• Title of the video or stream (hereinafter referred to as the “original video”) which the clip’s content is based upon or takes content from.
• URL of the original clipPlease refrain from uploading clips before the original video’s stream has ended and the VOD has been released.Please understand that clips may be subject to deletion due to the content, thumbnails, and other reasons.

Regarding Monetization
Clips that comply with both the Clipping Guidelines as well as the General Guidelines are eligible for monetization through Youtube, TikTok, as well as other social media forms. No percent of profit/cut is owed to Yume or their brand. Clips that do not comply with said guidelines will be removed via 1st party solutions through the relevant social media platform, or via other means if necessary.

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