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/jp/ - Otaku Culture


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12271209 No.12271209 [Reply] [Original]

Hey /jp/ I have a question:

If ZUN mentions in his "Terms of Use of the Touhou Project" that "Using game data other than screenshots is forbidden", then how do doujins get to use some sound effects from Touhou in their works? Most notable the death SFX (pichuun~) or the Master Spark SFX.

Also, is there any leniency in rules for non-profit groups like modders?

http://en.touhouwiki.net/wiki/Touhou_Wiki:Copyrights

Link included for convenience,

General discussion of Touhou copyright rules thread while we are still at it.

>> No.12271213

They won't get away with it, he is letting all the scum collect in one place to sue them all at once.

>> No.12271224
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12271224

>Rescaling is okay, but please preserve the images' aspect ratio.
I'M VIOLATING THE TERMS OF USE

>> No.12271365

>>12271213
You can't be choosy or lax about enforcing copyright. That's part of the reason they use such heavy-handed tactics.

>> No.12271386

>>12271209
Historically and socially, using game data is fine as long as the work isn't distributed. This is why videos with the sound effects or various graphics are totally fine, but publicly distributing say a game with the same resources is forbidden. We have many examples of this from the danmakufu community and so on.

So to answer your leniency question, there's not much leniency given there. Language patches and the like are probably the extent of what's reasonable.

>> No.12271388

>>12271224
Epic filename dude.

>> No.12271804

ZUN had become a corporate drone.
We better kill him now before the starts enforcing his shit.

>> No.12271849

>>12271386
And what happens if someone uses an exact recreation of a sfx and uses it in his own works?.

And I think ZUN doesn't really care about enforcing that copyright statement, because there isn't anyone making huge amounts of money using any "borrowed" assets, but small doujin circles selling their work for like 5USD at Comiket.

I bet he would go apeshit if a big company started making loads of money and demand some kind of compensation.

>> No.12273359
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12273359

>>12271849
What would a game modification (example: Touhou GTA mod) be considered as? Wouldn't it be considered as a doujin material as it is amateur work and self-published?

I am not sure if GTA Touhou contains assets directly from the game (SFX, Music, spellcard name bar), but would these be exempt from the copyright rules as it is a free distribution?

I am currently developing a small mod for a game, and I am a bit short in the SFX and music department. Making new sound effects isn't much of a problem, thought it would be a real pity not having some from the games themselves (death sound, master spark, specific danmaku sounds).

The main problem for me is with the music, I am afraid of getting into trouble here. Using music from the game seems the safest option, but re-reading the copyright rules has put me in a tight situation, especially considering I also want to use some tracks from the music CDs.
I have thought of using MIDIs, but there are several missing MIDIs (PC-98, post-PoFV sound system) which will be a last resort.

>> No.12273394

>>12271849
It's less about enforcing copyright and more about adhering to the rules of standard doujin culture conduct. It's lax but respectful; ZUN's guidelines aren't necessarily strict legal restrictions, but you should follow them anyways because he's requested it.

>>12273359
There aren't exemptions made just because you make your work freely available, but certain things like the spellcard name bar graphic are probably excepted just because they... don't really matter and people don't care, I guess? Really though, what is your actual scenario?

And there are no MIDI versions available past PoFV trial. They aren't "missing", really.

>> No.12273408
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12273408

>>12271804
2huble this

>> No.12273412

I'm 99% sure that it only applies to commercial uses e.g. if those doujins were being sold or if screenshots are being used in an article or something.

>> No.12273431
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12273431

>>12273394
Basically, I am solely developing a Touhou mod for a strategy game. Mainly for my own amusement, but I think it would be too bad it it wasn't downloadable. Kind of encourages me, perhaps improves my ability to strive to please and gain general experience about leading a project (even though I am doing this alone).

Everything else, the 3d modelling, the texturing, UI, and text editing can be done relatively easily... But the sound aspect is very lacking in detail and "Touhou-ness". I considered just using classical music once, but it would seem rather strange. I have found that finding fitting music for a Touhou mod other than Touhou music is extremely difficult.

I never forget to give credit when it is due (even when it is not due). But when it comes to Touhou's copyright policy, I am not sure if I can be exempted from the rules or not. Especially considering I want to use a lot of tracks from the music CDs.

>> No.12275181
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12275181

Bumping in desperation. Can somebody at least point me in the right direction as in how to acquire music for a Touhou mod?

>> No.12275188

>>12275181
I guess you could always find out the notes to whatever songs, and plug them in to a music program. Slap some filters onto it and tweak a bit and it will be servicable at least

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