Legal


Contents

  1. Fair use and usage of copyrighted works in videos.
  2. DMCA Notices.
  3. User Privacy.
  4. Usage of Kaihatsu owned videos and Intellectual Property by others.
  5. Usage of Kaihatsu owned videos and Intellectual Property on other platforms.
  6. Information regarding collaborations.
  7. Usage of Artwork(s) and Intellectual Property by 36 Views Remastered.
  8. Legal Inquiries.

Fair use and usage of copyrighted works in videos.

All content on this website is property of Kaihatsu. All material used, which Kaihatsu does NOT hold the rights to, has been used in good faith that it falls under US fair use copyright law, Fair Dealing in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988 in the United Kingdom, The EU Copyright Directive (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society), and the Japan copyright act (著作権法). All videos fall under these laws, as they are transformative in nature, use no more of the original works than necessary, and have no negative effects on the market for the original works. Furthermore, these videos are protected speech as outlined by the first amendment of the United States Constitution, freedom of expression as outlined in British Common Law and Article 10 of the European Convention on Human Rights, and Article 21 of the Japanese Constitution (第二十一条、日本国憲法).


DMCA Notices.

We are able to and willing to comply with any DMCA takedown notices and/or cease and desist notices that we are sent/notified of that have legal standing. As said above all material used, which Kaihatsu does NOT hold the rights to, has been used in good faith that it falls under US, UK, EU and Japanese fair use/dealing regulations. Please contact us at legal[at]kaihatsusha[dot]com about any legal, copyright or intellectual property concerns. We would appreciate it if you would contact us about any legal concerns before issuing such notices as DMCAs. Contact is preferable in English, but is available in Spanish (Español/Castellano) and Japanese (日本語).


User Privacy.

Following the European Union General Data Protection Regulation (GDPR), websites are required to outline what data is collected from users and why. Kaihatsu would like to make the following points about user data clear:

  • This website (http://kaihatsusha.com) does not collect data in any way, shape or form from users.
  • This website (http://kaihatsusha.com) does not track user's web browsing behaviour either on this site, or through tracking cookies on a third-party website.
  • Kaihatsu does not, and will never sell your personal data (although none is gathered presently).
  • Kaihatsu will happily comply with any data removal requests that have legal standing. Please contact legal[at]kaihatsusha[dot]com if you have any concerns about data or privacy.
  • NOTE: This website uses YouTube's video embedding system to make Kaihatsu videos viewable. Google, LLC and YouTube LLC may still track your usage of these embeds and any activities across their websites and services. Kaihatsu is not responsible for, and does not have any control over data collected by Google LLC or YouTube LLC on https://youtube.com or any Kaihatsu affiliated channels. Any data concerns you may have about any services that Google LLC or YouTube LLC provide must be taken up with those respective companies, and not Kaihatsu.


    Usage of Kaihatsu owned videos and Intellectual Property by others.

    All content (videos, logos and images) on this website is property of Kaihatsu, and all videos located at http://youtube.com/Kaihatsu (Kaihatsu), https://youtube.com/channel/UCPIaJe6fNsMTe1kOx_euxNg (Kaihatstwo) and https:// youtube.com/channel/UCQFu0RRpCLamRQmxm9I0JWg (36 Views Remastered) are also property of Kaihatsu. Usage of footage from these videos is permitted for critique, commentary and parody, under US fair use copyright law, Fair Dealing in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988 in the United Kingdom, The EU Copyright Directive (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society), and the Japan copyright act (著作権法).

    Kaihatsu videos are also permitted to be embedded on other websites, such as Reddit, Facebook, twitter.etc, as long as the original video is in its entire length, is fully credited, attributed and linked to youtube.com/Kaihatsu, and as long as the work has not been edited in such a way that alters or impedes the message of the work, or prevents attribution to the original creator.

    An exception to altering kaihatsu content, is (certain types of) reaction videos. A reaction video similar in format to that seen on the 'REACT' channel, or reaction videos produced by 'Fine Brothers Entertainment', where only parts of the original work are used to illustrate points and opinions from people reacting to said content, is acceptable and is in compliance with fair use laws. However, creating a 'reaction' video, where the original, full length Kaihatsu content is featured alongside a sedentary person, not considerably contributing/adding to the original work, by speaking over or giving opinion on the original is not permitted, as this is not considered 'fair use' and can constitute as 'freebooting'. Any video (reaction or not) where the original, full length Kaihatsu content can be fully watched and understood without having to watch the original video, is in violation of fair use, and will be met with a cease and desist/DMCA notice/takedown notice from Kaihatsu or a representative of Kaihatsu, and will be followed by legal action if not complied with.

    Kaihatsu requests and requires that for any and all usages of Kaihatsu videos, permission is sought for in writing, by sending an email asking for permission to use Kaihatsu content, to legal[at]kaihatsusha[dot]com or kaihatsu[at]kaihatsusha[dot]com. This also applies to Kaihatsu affiliated channels such as Kaihatstwo and 36 Views Remastered. In the case of the latter, please email 36viewsremastered[at]kaihatsusha[dot]com for permission to use videos from https:// youtube.com/channel/UCQFu0RRpCLamRQmxm9I0JWg. Contact is preferable in English, but is available in Spanish (Español/Castellano) and Japanese (日本語).

    Kaihatsu does NOT give permission to use channel logos, found on this site (Culture Bits logo, The Science Behind Logo, Marxist March Logo, Kaihatsu Theory Logo, Nostalgia Trip Logo) or on any Kaihatsu affiliated channel for anything other than what is acceptable through fair use, and as such, requests to use these will be denied.

    Kaihatsu also does NOT give permission to use video thumbnails, found on this site (Culture Bits thumbnails, The Science Behind thumbnails, Marxist March thumbnails, Kaihatsu Theory thumbnails, Notalgia Trip Thumbnails) or on any Kaihatsu affiliated channel for anything other than what is acceptable through fair use, and as such, requests to use these will be denied.

    Kaihatsu also does NOT give permission to other channels to create dubs of Kaihatsu videos in other languages unless given permission to do so from Kaihatsu. Any videos of unofficial Kaihatsu dubs will be met with a cease and desist/DMCA notice/takedown notice from Kaihatsu or a representative of Kaihatsu, and will be followed by legal action if not complied with. If you wish to seek permission to create a dub of a Kaihatsu video, please email business[at]kaihatsusha[dot]com.

    Attempting to steal Kaihatsu created content by branding it as your own and removing all traces of the original creator (through audio dubbing, video splicing and thumbnail changes) is plagiarism, and channels, individuals or entities that do this will be met with a cease and desist/DMCA notice/takedown notice from Kaihatsu or a representative of Kaihatsu, and will be followed by legal action if not complied with.

    As well as this, videos that use any ideas or concepts created by Kaihatsu for a video without credit will be claimed or taken down, and any channels, individuals or entities that create such videos this will be met with a cease and desist/DMCA notice/takedown notice from Kaihatsu or a representative of Kaihatsu, and will be followed by legal action if not complied with.


    Usage of Kaihatsu owned videos and Intellectual Property on other platforms.

    Kaihatsu also does NOT give permission to use videos, found on this site, http://youtube.com/Kaihatsu, http://vid.me/Kaihatsu or https://youtube.com/channel/UCPIaJe6fNsMTe1kOx_euxNg and https:// youtube.com/channel/UCQFu0RRpCLamRQmxm9I0JWg for anything other than what is acceptable through fair use, and as such, requests to use these will be denied. These are the ONLY OFFICIAL KAIHATSU CHANNELS. Any other channels or website hosting services, hosting channels or websites, that are unlawfully hosting or embedding Kaihatsu videos, also known as “Freebooting” will be met with a cease and desist/DMCA notice/takedown notice from Kaihatsu or a representative of Kaihatsu, and will be followed by legal action if not complied with.

    In this case, the following are NOT ACCEPTABLE:

    • Hosting or embedding videos or images on malicious websites (defined in this case as websites that host malicious files, and/or run malicious advertisements, to attract users for illegal actions, such as cyber-attacks or installation or unwanted software), exploiting Kaihatsu brand affiliated content for advertisement revenue or to attract users for illegal actions, such as cyber-attacks or installation or unwanted software (viruses, malware, bloatware, Potentially Unwanted Programs or “PUPs”).
    • Hosting or embedding on websites or social media platforms (such as YouTube, Reddit, Facebook, Twitter, 9GAG.etc), exploiting, or in an attempt to exploit Kaihatsu brand affiliated content for advertisement revenue, regardless of whether or not the work is attributed to Kaihatsu.
    • Hosting or embedding videos or images on social media platforms (such as YouTube, Reddit, Facebook, Twitter, 9GAG.etc), without properly attributing/crediting a video to Kaihatsu, with a link to the original video or image.
    • Attempting to impersonate Kaihatsu or a Kaihatsu affiliated channel, hosting or embedding videos or images online, exploiting Kaihatsu brand affiliated content for advertisement revenue and/or to purposefully mislead the public, in an attempt to impersonate Kaihatsu and/or a Kaihatsu affiliated channel.
    • Hosting or embedding videos or images on websites or social media platforms (such as YouTube, Reddit, Facebook, Twitter, 9GAG.etc), without gaining express written permission from Kaihatsu, or from affiliated persons, from kaihatsu[at]kaihatsusha[dot]com, business[at]kaihatsusha[dot]com, 36viewsremastered[at]kaihatsusha[dot]com or legal[at]kaihatsusha[dot]com. Any websites, channels or persons violating these terms and infringing on the copyrights and property of Kaihatsu, or Kaihatsu affiliated channels, will be met with a cease and desist/DMCA notice/takedown notice from Kaihatsu or a representative of Kaihatsu, and will be followed by legal action if not complied with.
    • Creating a 'reaction' video, where the original, full length Kaihatsu content is featured alongside a sedentary person, not considerably contributing/adding to the original work, by speaking over or giving opinion on the original. Any video (reaction or not) where the original, full length Kaihatsu content can be fully watched and understood without having to watch the original video, is in violation of fair use, and will be met with a cease and desist/DMCA notice/takedown notice from Kaihatsu or a representative of Kaihatsu, and will be followed by legal action if not complied with.

    Information regarding collaborations.

    Kaihatsu enjoys creating and maintaining stong relationships with other channels and their communities through collaborations. However, the following information must be considered before and during the application process for collaborating:

  • Any set of videos created in tandem as part of a crossover are bound to a 'reciprocal relationship', where both videos or neither should be uploaded. This means that if one video is taken down without a good reason or sufficient notice, the other should also/will also be taken down. This applies to both collaborating channels and Kaihatsu channels.
  • Kaihatsu reserves the right to ask any collaborator with whom a video has been produced and uploaded on another channel, to take down any content including Kaihatsu. Any past collaborator that wishes to have a collaboration video made by or including themselves taken down from a Kaihatsu channel should email legal[at]kaihatsusha.com, and supply a reason for the request. All requests that are in good standing will be complied with, unless the video features more than one person/collaborator, in which their permission must also be sought. In that case, if more people in that video disagree with the request it does not have to be complied with.
  • Kaihatsu may also cut ties with any creator based on violations of YouTube's community guidelines and/or Terms of Service, their own actions as well as association with other creators and their actions, reputation and current standing within the wider YouTube community. This may or may not involve the removal of collaboration videos involving the 2nd party.

  • Usage of Artwork(s) and Intellectual Property by 36 Views Remastered.

    All artwork used by 36 Views Remastered is in the Public Domain, and as such, does not require the permission of the original authors to use. If there has been an error, please contact us at either 36viewsremastered[at]kaihatsusha[dot]com or legal[at]kaihatsusha[dot]com, to resolve copyright issues pertaining to the usage of artwork(s). Videos by 36 Views Remastered are primarily protected by Article 21 of the Japanese Constitution (第二十一条、日本国憲法), as well as US fair use copyright law, Fair Dealing in Sections 29 and 30 of the Copyright, Designs and Patents Act 1988 in the United Kingdom, and The EU Copyright Directive (Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society).


    Please send all legal inquiries and complaints/concerns to legal[at]kaihatsusha[dot]com. Please contact us at legal[at]kaihatsusha[dot]com about any legal, copyright or intellectual property concerns. We would appreciate it if you would contact us about any legal concerns before issuing such notices as DMCAs. Contact is preferable in English, but is available in Spanish (Español/Castellano) and Japanese (日本語).