※How to make Touhou derived work - Doujin & ZUN's Touhou guidelines

~Hakurei Shrine~ > Rika and Nitori's Garage Experiments

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RH:
Its a can of worms to open but I wanted to ask if there's anything in the guidelines that is meant to be prohibiting the way touhou is treated on twitch.tv. Theres several channels that are basically just gaming channels that cater to the ironic weeaboo cropped porn steam avatar crowd who use the name of touhou characters and the series in general to attract an audience, who can purchase touhou character themed emotes by subscribing to them and paying a monthly fee.

The only problem I see is that these people don't actually create anything, and aren't technically selling anything either. I'm fairly certain this is against ZUN's wishes however since it is using his intellectual property and broadcasting his work to a larger than intended audience, "selling" online while unaffiliated with dojin or TSA,

Drake:
There has been explicit acceptance of people being able to monetize video content through partnership programs on Nico with people playing Touhou and whatnot, and this kind of precedence likely extends towards something like Twitch streaming and/or Youtube videos of Touhou and fangames, etc. However this does not necessarily extend to using the Touhou brand superficially, where the works are not the focus of the content.

This is not as clean-cut as something like LINE stamps, which cannot be distributed for free, and are forbidden to be created without permission from the copyright holder. Twitch doesn't have such a policy for sub emotes and just warns you that you're liable to having action taken against you if the IP holder gets mad; obviously it thrives on emotes based on video games and is full of minor cases of infringement of much larger rights holders than ZUN.

As far as ZUN's guidelines go, the "purchase" and usage is similar to LINE stamps, and I would be on the side of saying this is unapproved usage. The fact that subbing doesn't intrinsically get you much besides the emotes suggests it's a purchase of that specific content (in contrast to something like a Patreon, although that's a whole other mess), additionally being able to bring emotes outside of the subbed channel, giving people the external incentive to sub, could also be seen as a form of public marketing. Twitch clearly has no problems with any of this because of the cut they receive from all subscriptions.

ExPorygon:
It's been a few months since ZUN basically gave full permission for fan game makers to upload their games onto Steam. Drake went on to mention that this thread's first post (along with the Wiki's Copyright page) need reworking. I heavily agree with him, especially after spending 10 minutes looking through that thread to find the part where ZUN made his statements on the matter.

Helepolis:
What I am going to do is read the all official and hopefully properly translated material and then update the opening post. Most likely the second post will be cleared out as it is currently more confusing than ever.

HumanReploidJP:

--- Quote from: Helepolis on January 24, 2015, 03:15:35 PM ---
* If you decide to release your work on your own website, you are not allowed to ask money for it.
* Additionally, you are not allowed to sell your work online through websites or programs if they:
* Don't have relationship with Touhou Project or ZUN.
* Are not Doujin orientated. (For example: Devian Art is NOT a Doujin and Touhou affiliated website. You can post art, but cannot sell it.)
--- End quote ---
I would understand how that actually works. Posting artworks that's based on the touhou series, and are NOT allowed for commercial use.

There's also this quote that ZUN persuades artists the most: "If you need data rather than screenshots, please make them yourself."

It's similar that it's different, in contrast that artworks based on the touhou series are allowed to post, but NOT for commercial use.

Story of my life, read my lou (letter of understanding) reaction in the description of my above made 'non-commercial (NO MONEY ALLOWED. Period.)' artwork posted at pixiv by clicking the link to read it: https://pixiv.net/member_illust.php?mode=medium&illust_id=69258272 then click 続きを読む(read more) one you're on the website.

I'm not gonna get into deep verge of troublesome tragedies if you react to this. Let me know...

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