Author Topic: Does anyone know ZUN's policies regarding derivative works?  (Read 7543 times)

Does anyone know ZUN's policies regarding derivative works?
« on: September 16, 2012, 05:22:27 PM »
I'm sure they exist. And since they do, it's something everyone here should know. (Taking into account the crackdown on Touhou-related anime and the likes.) Thanks.

bennelsey

  • Touhou fan-game Developer
  • Will make Touhou fan-games for food
    • EastGap
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #1 on: September 16, 2012, 06:18:40 PM »
I can't seem to find the post that actually lists them down, but here's two off the top of my head since they're directly related to fan games

1. do not use media (images, sounds) from official works
2. you are only allowed to sell Touhou derivative works through doujin-only channels and doujin conventions

EthanSilver

  • Lunatic Programmer
  • Got squid, will travel.
    • Ethan Silver's Junkpile - Hacks and translation patches
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #2 on: September 16, 2012, 07:22:28 PM »
This may be a little dated (a year or so) but if his guidelines have changed, it's probably not by much.

Edit: Also found this.
« Last Edit: September 16, 2012, 07:25:14 PM by EthanSilver »


Latest works
The Strongest

Tengukami

  • Breaking news. Any season.
  • *
  • I said, with a posed look.
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #3 on: September 16, 2012, 08:32:35 PM »
Edit: Also found this.

Oh man that thread ... I'm wincing at some of my posts there.

"Human history and growth are both linked closely to strife. Without conflict, humanity would have no impetus for growth. When humans are satisfied with their present condition, they may as well give up on life."

cuc

  • *
  • Probably won't respond 'til this mess is sorted o?
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #4 on: September 16, 2012, 11:03:56 PM »
That ANN article was not updated when ZUN revised the rules a few days later.

Initially, ZUN banned making Touhou animation for profit (with the qualifier "traditional animation", excluding 3D CG and such), which would harm many doujin creators - there was a doujin event devoted to Touhou fan animations, with this ban, they effectively must cease activity. After a few days, he changed the rule into banning "relying on corporation to create animation".

That's why doujin like Fantasy Kaleidoscope can still be made: it's quite obviously animated by pro animators, but as long as they don't use the identities of their companies, they are not violating this rule.
Touhou Fantasy News: twitter

Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #5 on: September 17, 2012, 02:58:36 AM »
To ban ALL original media in derivative works, that would deprive fan-made works of any Touhou quality... I understand that it's wrong to take and use something that is the property of others but isn't that what disclaimers are for? Ah, I'm probably beating a dead horse now.

Though, I do find it reassuring that ZUN would like to hear from those who wish to make commercial works. (Hey, at least he would know you exist!)

Imosa

  • Any sufficiently advanced technology
  • is indistinguishable from magic
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #6 on: September 17, 2012, 04:27:45 AM »
Shouldn't these rules be in a stickie, somewhere? Maybe here. Seems like they should be pretty important.
« Last Edit: September 17, 2012, 04:29:25 AM by Imosa »

Torashama

Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #7 on: September 17, 2012, 05:26:38 AM »
A question, that means I'll have trouble doing the project (http://www.shrinemaiden.org/forum/index.php/topic,13036.0.html) because it is a "modification" of the original game "Mountain of Faith" (but I will not sell it or anything)
sorry if it isn't the right place to ask ^^;

cuc

  • *
  • Probably won't respond 'til this mess is sorted o?
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #8 on: September 17, 2012, 06:12:43 AM »
>Torashama

You are not making it for profit, and your project still requires MoF to run. It counts as a modification, not unlike other fan patches and tools that have been made for Touhou games. There shouldn't be any problem.
Touhou Fantasy News: twitter

bennelsey

  • Touhou fan-game Developer
  • Will make Touhou fan-games for food
    • EastGap
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #9 on: September 17, 2012, 07:27:23 AM »
To ban ALL original media in derivative works, that would deprive fan-made works of any Touhou quality... I understand that it's wrong to take and use something that is the property of others but isn't that what disclaimers are for?
original media meant the sprites (images), and sounds (music and sound effects) from the Touhou official games

this means you can't copy-paste stuff zun made for his games into your own game
this also means you can freely create your own stuff based from his (like remixes of zun's music, or fanart of his characters)
*he just hates direct copies, you can make your own from scratch

not all touhou fan games are top-down scrolling danmaku shooters, but even games of that type usually employ remakes of zun's original media

zun can't actually enforce the rule, but breaking it is generally frowned upon by both zun and the fanbase - so if you're making a game to please the fanbase, you'll need to come up with original / slightly original media

Helepolis

  • Charisma!
  • *
  • O-ojousama!?
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #10 on: September 17, 2012, 01:45:17 PM »
Shouldn't these rules be in a stickie, somewhere? Maybe here. Seems like they should be pretty important.
Sounds like a plan. I'll try to archive and list the given links so they can be looked up by users. I'll then post them in the FAQ and introduction post in the stickies.

--Helepolis

Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #11 on: September 17, 2012, 07:09:29 PM »
2. you are only allowed to sell Touhou derivative works through doujin-only channels and doujin conventions

Does selling any Toohoo fan games on the internet not breaking this rule?

Imosa

  • Any sufficiently advanced technology
  • is indistinguishable from magic
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #12 on: September 17, 2012, 09:15:19 PM »
Internet is a little general. To consider the entire internet as a channel of distribution is a little inaccurate. We'd need a definition of channel to be sure. Essentially if you distribute over your own website, that's cool, if you distribute from some website that hosts doujin games (I know none), that's cool too. If you try and get your game onto Steam, that's not cool.
Mediafire might be an interesting issue because I think some of the users of that aren't considered doujin.

Arknarok

  • Give my nose back!
  • I translate stuff
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #13 on: September 17, 2012, 09:29:59 PM »
Quote
Does selling any Toohoo fan games on the internet not breaking this rule?
Selling physical copies - OK.

Selling digital copies - Not OK. You need to contact ZUN and get his approval in this case.

For instance, Touhou Unreal Mahjong, being mainly an online game, still requires users to buy physical copies, even though the only thing they technically need is CD-key, which could have been sold digitally. But that goes against guidelines.
« Last Edit: September 17, 2012, 09:32:18 PM by Arknarok »

Imosa

  • Any sufficiently advanced technology
  • is indistinguishable from magic
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #14 on: September 17, 2012, 10:08:51 PM »
Selling physical copies - OK.

Selling digital copies - Not OK. You need to contact ZUN and get his approval in this case.

For instance, Touhou Unreal Mahjong, being mainly an online game, still requires users to buy physical copies, even though the only thing they technically need is CD-key, which could have been sold digitally. But that goes against guidelines.
Really? Why?

Tengukami

  • Breaking news. Any season.
  • *
  • I said, with a posed look.

"Human history and growth are both linked closely to strife. Without conflict, humanity would have no impetus for growth. When humans are satisfied with their present condition, they may as well give up on life."

Imosa

  • Any sufficiently advanced technology
  • is indistinguishable from magic
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #16 on: September 18, 2012, 02:13:42 AM »
http://www.shrinemaiden.org/forum/index.php/topic,8468.0.html
Maybe I didn't read enough (about half way through page 2 and page 4) but I have to go with helvetica almost all the way. WTF ZUN? Am I missing something?

cuc

  • *
  • Probably won't respond 'til this mess is sorted o?
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #17 on: September 18, 2012, 06:57:55 AM »
Hey, I've at last dug out a translation of his 2008 policy post.

http://web.archive.org/web/20100325183725/http://zepy.momotato.com/2008/12/15/zun-on-touhou-and-derivative-works/

EDIT:
I don't have time to write a full post now, but here're links to a bunch of articles to read and think about, on the topic of the doujinshi world. Protecting this world is one of the main motives behind ZUN's policies. We don't have to agree with his opinions about these policies (I don't), but he must have put a lot of thought into them.
http://web.archive.org/web/20090125143304/http://www.omonomono.com/2009/01/20/nearly-all-i-know-about-doujinshi-and-some-related-nonsense-or-just-read-canned-dogs/
« Last Edit: September 18, 2012, 01:19:07 PM by cuc »
Touhou Fantasy News: twitter

Imosa

  • Any sufficiently advanced technology
  • is indistinguishable from magic
Re: Does anyone know ZUN's policies regarding derivative works?
« Reply #18 on: September 19, 2012, 01:30:10 AM »
Hey, I've at last dug out a translation of his 2008 policy post.

http://web.archive.org/web/20100325183725/http://zepy.momotato.com/2008/12/15/zun-on-touhou-and-derivative-works/

EDIT:
I don't have time to write a full post now, but here're links to a bunch of articles to read and think about, on the topic of the doujinshi world. Protecting this world is one of the main motives behind ZUN's policies. We don't have to agree with his opinions about these policies (I don't), but he must have put a lot of thought into them.
http://web.archive.org/web/20090125143304/http://www.omonomono.com/2009/01/20/nearly-all-i-know-about-doujinshi-and-some-related-nonsense-or-just-read-canned-dogs/
I guess I can't comment on whether doujin culture would be affected by allowing digital distribution but I don't think I see it in a way that it would.