Enacted: April 12, 2023
<aside> 💡 These Guidelines Regarding “NEN STUDIO” Derivative Works (“Guidelines”) set forth rules related to the use of Derivative Works etc. featuring the all characters appearing in “NEN STUDIO, to which Pictoria Inc. (“Company”) holds all rights (“Character”).
</aside>
<aside> 💡 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.
</aside>
<aside> 💡 Further, these Guidelines are subject to change without advance notice, and Users are therefore asked to verify the current particulars at all times.
</aside>
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 all characters (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) appearing “NEN STUDIO”, 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).
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.
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.
When a Derivative Work created under a License is used, the Character name “Towa Kiseki” must be indicated.
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.
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.