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About Using Hatsune Miku As The Singer Commercially

#1 User is offline   Wiguan Icon

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Posted 28 January 2011 - 03:21 AM

Allow me to ask this question again here.

I've posted it here, http://vocaloidotaku...-the-cover-art/

But one of the member suggest to ask it here in this section.

Edited: 29/1/2011
Actually I'm seeking information how to use the vocaloid character legally in commercial purpose, mean selling the song by mentioning the name of the character, etc.

The question below is what I post at vocaloid campus.

Quote

Hello, I've search the forum before posting this.

There's one thread almost identical to this question but he's questioning "How if I release a song".

I understand very well that I can do anything with vocaloid and release the song for commercial purpose.

But there's part where it said something sound like this,

Quote

Cannot use our character or mentioning the character name without prior permission.


From this line, my understanding is, I cannot make my song title like this;

Wind of Change(Song name) by Scorpion(Band name) featuring Hatsune Miku(Character name).

Or

My mamalad(Song name) by Hatsune Miku(Character name)

Or use Miku as the cover art.

But, I've done my research on iTunes and stumble upon several albums and songs which use Miku in their cover art and also use "Hatsune Miku" name in the song title/details.

How to legally make this happen?

How to ask permission, where to and etc?

Google and vocaloid official website does not helpful regarding this matter so far.

Thanks in advance. :)


Can't edit the title.

Sorry to post Miku in English Vocaloid section. >.<
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@PangeranWiguan

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#2 User is offline   spectrumfizz Icon

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Posted 28 January 2011 - 04:23 PM

Lol this is the Engloid parlour. :I
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#3 User is offline   Wiguan Icon

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Posted 28 January 2011 - 04:27 PM

View PostSpectrumFizz, on 29 January 2011 - 12:23 AM, said:

Lol this is the Engloid parlour. :I


Well, I'm an English speaker LOL
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#4 User is offline   spectrumfizz Icon

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Posted 28 January 2011 - 04:31 PM

View PostWiguan, on 28 January 2011 - 04:27 PM, said:

Well, I'm an English speaker LOL

...I mean you're not supposed to ask about Japanese Vocaloids in this subforum. :I
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#5 User is offline   Wiguan Icon

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Posted 28 January 2011 - 04:34 PM

View PostSpectrumFizz, on 29 January 2011 - 12:31 AM, said:

...I mean you're not supposed to ask about Japanese Vocaloids in this subforum. :I


Oh, I see...

I'm very sorry...

But the question is actually how to use the vocaloid character in our song legally for commercial purpose.

The rules applies to both version right?

Perhaps I should change the question now. :P



Regards

@PangeranWiguan

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#6 User is offline   Paprika Icon

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Posted 28 January 2011 - 04:49 PM

I believe that once you buy the software, you can use the character any way you want unless expressly prohibited by the company, like the Political stuff that happened a while ago in Japan where a certain Politician who I don't know, attempted to use Miku's character as a mascot... Which was banned.

But he could still use her voice as long as he didn't directly mention the character.

As for your question? You can use her name in the title, anything. There are no limits that I've seen.

In fact, Miku (or at least a Miku-esque character) has been used in non-vocaloid Albums. Like Thirty by Hiroyuki Oda.
- See Paprika's Works - Original Art not by RA @ Pixiv.net
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#7 User is offline   Wiguan Icon

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Posted 28 January 2011 - 05:01 PM

View PostPaprika, on 29 January 2011 - 12:49 AM, said:

I believe that once you buy the software, you can use the character any way you want unless expressly prohibited by the company, like the Political stuff that happened a while ago in Japan where a certain Politician who I don't know, attempted to use Miku's character as a mascot... Which was banned.

But he could still use her voice as long as he didn't directly mention the character.

As for your question? You can use her name in the title, anything. There are no limits that I've seen.

In fact, Miku (or at least a Miku-esque character) has been used in non-vocaloid Albums. Like Thirty by Hiroyuki Oda.


Commercially?
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@PangeranWiguan

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#8 User is offline   Paprika Icon

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Posted 28 January 2011 - 05:21 PM

Yes.

http://www.amazon.co...A/dp/B003X4GDI8
- See Paprika's Works - Original Art not by RA @ Pixiv.net
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#9 User is offline   Wiguan Icon

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Posted 28 January 2011 - 05:43 PM

View PostPaprika, on 29 January 2011 - 01:21 AM, said:



Thank you very much. :D

Enlighten already. Posted Image
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@PangeranWiguan

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#10 User is offline   Somebodyrandom Icon

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Posted 28 January 2011 - 07:21 PM

View PostPaprika, on 28 January 2011 - 04:49 PM, said:

I believe that once you buy the software, you can use the character any way you want unless expressly prohibited by the company, like the Political stuff that happened a while ago in Japan where a certain Politician who I don't know, attempted to use Miku's character as a mascot... Which was banned.

But he could still use her voice as long as he didn't directly mention the character.

As for your question? You can use her name in the title, anything. There are no limits that I've seen.

In fact, Miku (or at least a Miku-esque character) has been used in non-vocaloid Albums. Like Thirty by Hiroyuki Oda.

The details of that (in brief) are actually on wikipedia as it happens...

Quote

One of the most controversial uses of the legal agreements of any Vocaloid producing studio was from the Democratic Party of Japan, whose running candidate, Kenzo Fujisue, attempted to secure the use of Miku's image in the Japanese House of Councillors election of July 11, 2010. The hope was that the party could use her image to appeal to younger voters. Although Crypton Future Media rejected the party's use of her image or name for political purposes, Fujisue released the song "We Are the One" using her voice but not credited to her on YouTube, by replacing her image with the party's character in the music video.


Pretty much noted though, if you go through Karen T, you automatically get premission for use of Miku's images as if it goes through the label, its approved by Crypton. Otherwise, you can't mention its a song sung by the Vocaloid or use the Vocaloid image without the premission of the studio.

Though either way, why you were told to post it in the engloid section I don't know... The rules apply to Miku whether it be used within Japan or abroad. Theres no difference, when you install a Vocaloid you agree to the conditions of terms of use of the software. That NEVER changes, its not subject to circumstance. Being a english speaker doesn't change the rules of the agreement, therefore, this could have been answered in the orginal topic. ^_-
Youtube poster 1; what does the [/] do?

Youtube poster 2; I'm guessing that it breaks the word in half.

#11 User is offline   Ballistic Icon

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Posted 28 January 2011 - 08:58 PM

I'm sorry that was me who suggested for Wiguan to post here. I just thought Zero-g/Power FX would know how you get permission and whatnot...
I will regret everything I say eventually.

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Posted 28 January 2011 - 09:20 PM

Lol, its not so big BB, to be honest, the only thing we can't answer is the "how" beyond the normal methods we've replied with. That still remains, though overall, the best route would to be contacting Crypton and asking. Crypton I hear, from Luka users, has a poor english customer service (guess their not actually expecting us to use Japanese Vocaloids huh?), so in unable to be speaking out help from Crypton, the next best thing WOULD be to ask the english studios. Actually, this is the barrier I hope is pulled down in the future, theres vagueness on actually how we can get our work noticed and premissions granted, etc, etc. Right now, things are not so hot with getting the cogs going.

So the question "do we get premission to say we're using Vocaloids?" does remain a legit question, if you removed a specific Vocaloid from the subject of the question.
Youtube poster 1; what does the [/] do?

Youtube poster 2; I'm guessing that it breaks the word in half.

#13 User is offline   Wiguan Icon

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Posted 29 January 2011 - 01:41 AM

View PostSomebodyrandom, on 29 January 2011 - 03:21 AM, said:

The details of that (in brief) are actually on wikipedia as it happens...



Pretty much noted though, if you go through Karen T, you automatically get premission for use of Miku's images as if it goes through the label, its approved by Crypton. Otherwise, you can't mention its a song sung by the Vocaloid or use the Vocaloid image without the premission of the studio.

Though either way, why you were told to post it in the engloid section I don't know... The rules apply to Miku whether it be used within Japan or abroad. Theres no difference, when you install a Vocaloid you agree to the conditions of terms of use of the software. That NEVER changes, its not subject to circumstance. Being a english speaker doesn't change the rules of the agreement, therefore, this could have been answered in the orginal topic. ^_-



Yeah, I've read that in Wikipedia.

How do you mean by "go through Karen T" ?

Send my song to them, if they like it they feature it?

My mean to sell the song on iTunes, Amazon MP3, etc of course to make a living as independent music composer.

Of course it's natural that people tend to get attached to the singer before actually buy the song and even the whole album, and in this case the singer is Vocaloid character which proof to have millions fan base for you to present your song(s) to.

Sending the song to SONY music for example, will not make you as indie music composer.

I know how to get it on iTunes just concern about the legality, and never wanted to get sue as well.


View PostSomebodyrandom, on 29 January 2011 - 05:20 AM, said:

Lol, its not so big BB, to be honest, the only thing we can't answer is the "how" beyond the normal methods we've replied with. That still remains, though overall, the best route would to be contacting Crypton and asking. Crypton I hear, from Luka users, has a poor english customer service (guess their not actually expecting us to use Japanese Vocaloids huh?), so in unable to be speaking out help from Crypton, the next best thing WOULD be to ask the english studios. Actually, this is the barrier I hope is pulled down in the future, theres vagueness on actually how we can get our work noticed and premissions granted, etc, etc. Right now, things are not so hot with getting the cogs going.

So the question "do we get premission to say we're using Vocaloids?" does remain a legit question, if you removed a specific Vocaloid from the subject of the question.


All Japanese company I know have poor English support.
Can't blame them though.
Even if they have staff who can handle English, she/he might be the only person in the company to handle us all!

I'm quite surprise there's none of our member here have been through all these matter?


Ah~ I think just release songs on Youtube and NicoNico... grab attention of those record label.
That's how it is yeah?
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Posted 30 January 2011 - 05:48 AM

Let me direct this towards how it should be by re-asking the question about a specific Vocaloid owned by the English companies.

Specifically, to PowerFX:

I am a Sweet Ann owner and producer, looking to go professional and commercial with my song writing. My question, therefore, is in how much we are permitted to use the character image for commercial use. Are we permitted to use the image, edited or otherwise, in videos and PVs? Or will I and my newfound collab group need to create new images?

If this should be a separate thread, please let me know. Just trying to steer this in the proper direction to actually receive official answer, although I've a hunch those who purchased the program can use the image and name.
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Posted 30 January 2011 - 06:46 AM

I've looked at SONiKA's end user liscence agreement. It doesn't say much in respect to commercial use. The only thing it really addresses as far as commercial use is that it forbids use of Synthesized Singing "that includes lyrics which are against public policy of law", and use of "Synthesized Singing that is harmful to the moral rights of any third party including but not limited to the original singer of the Zero-G/Xfonic Vocal Library". It states that for a "karaoke service/system" and "use commercially as telephone ringtones or as audio alerts or signals in telephone or telecommunication equipment" a separate liscence must be obtained.

However it also says under Section H. General Terms that all rights not expressly granted concerning the synthesized singing and the vocal library are reserved by Zero-G. So since there was no mention of use in an original composition to be sold commercially, I assume that means that that right would be reserved by Zero-G. And according to sleepysheep7, the PowerFX liscence agreement is the same as the Zero-G liscence agreement.
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