File:Algorithmically-generated AI artwork of Rumia.png

This picture is a fanart of Touhou Project that is a video game series. ZUN, the creator of Touhou Project says "If you are a legal person creating Fan Content as a business activity, please contact us." (see ). It means some rights reserved in commercial use. Therefore, it is not a CC-BY-SA license. Kinketu (talk) 10:02, 17 October 2022 (UTC)

• Question: The provided link states that the new requirements regarding business activities were introduced on November 10, 2020. Embodiment of Scarlet Devil, of which the character Rumia is from, was first released on August 11, 2002, and there already exists a mountain of tens of thousands of existing fanmade Rumia artworks elsewhere, many of which are being used in commercial activities, as creators have been following the original copyright guidelines laid out by ZUN on February 3, 2002 which is more permissive in terms of copyright. Is it possible for ZUN to retroactively alter the copyrights which affect thousands of content creators who have made Touhou derivative works, many of which whom are operating commercially, almost two decades later? I have my doubts that this would hold up in US law courts, from a US copyright perspective, and the Wikimedia servers are located in Florida, while the fanart creator is located in Australia. From a legal standpoint, at best, content creators drawing old content from Embodiment of Scarlet Devil (2002) can choose to retroactively comply with the new changes out of goodwill, but there is no legal way of enforcing this; conversely, any newly-made official Touhou works created after November 10, 2020 (for example, Unconnected Marketeers, released May 4, 2021) would likely be fully covered by this new copyright guideline from a legal standpoint, and thus it would not be permissible to release derivative fanworks of Unconnected Marketeers (2021) content under a CC-BY-SA license. --benlisquare_{Talk•Contribs} 14:37, 17 October 2022 (UTC)
  • Under the original copyright guidelines laid out by ZUN on February 3, 2002 (translation:Touhou Wiki:Copyrights>Copyright status/Terms of Use of the Touhou Project>Original text), ZUN states "For the commercial production of derivative material, or the mass circulation of derivative material outside of doujin shops, you must seek my permission. To publish on commercial magazines and books, you must notify me." So I think, it's not a CC-BY-SA license. If this piceture distributed under the CC-BY-SA license, anyone can use it in commercial and mass production without ZUN permission. --Kinketu (talk) 15:27, 17 October 2022 (UTC)
    • It appears that points 1 to 9 are additional usage conditions laid out in addition to the copyright clause provided in the second paragraph. That is, while the copyright is stated to belong to the creator of the derivative work, ZUN provides additional conditions on top of that, which in his words, are "to avoid trouble". I wonder if swapping the license from CC-BY-SA to PD-Own would still allow us to adhere to these requirements? It might also be possible to maybe add details of ZUN's additional conditions within the file description, so the reader is aware that there are additional points to consider before re-using the image? Similar to how some file descriptions display the {{Fan art}} template, which mentions that the original rights owner still has trademark protections and other various protections on top of copyright (quote: "Before using this content, please ensure that you have the freedom to do so under the laws which apply in the circumstances of your intended use. You are solely responsible for ensuring that you do not infringe someone else's legal rights."); from my interpretation, this would fall under a non-copyright restriction placed upon usage of the work, rather than a restriction of the work's copyright itself. --benlisquare_{Talk•Contribs} 17:47, 17 October 2022 (UTC)
      • Also, here are various examples of existing images on Commons that feature additional non-copyright requests and restrictions: File:2018-05-20 Felix Haßmann auf SIG Captain America-9009.jpg, File:Arâches-la-Frasse - Télégraphes Postes Téléphones.JPG, File:RiversOfSabah SungaiLiwagu-08.jpg, File:Almanac 2016230160714 2016-08-17 Summer Breeze - Sven - 1D X II - 0084 - AK8I3643 mod.jpg, File:2012-05-28 Cuxhaven DSCF0092.jpg, File:2018.05.11.-06-Kirschgartshaeuser Schlaege Mannheim--Listspinne-Maennchen.jpg, File:Bivacco Suretta.jpg, File:Alter Juedischer Friedhof Aplerbeck IMGP2760 wp.jpg, File:UH-1H PCAM rotors.JPG. A similar notice can be placed on this image regarding the non-copyright restrictions requested by ZUN. It is very much apparent that the requests that ZUN has asked of re-users of derivative works exist outside of the realm of copyright, and hence there isn't actually any restriction that prevents the copyright holder of a Touhou derivative work from releasing it under a CC license of their own choosing. It is the responsibility of re-users of these works to decide whether or not they comply with the additional requests ZUN has made on top of the copyright clause. --benlisquare_{Talk•Contribs} 22:42, 18 October 2022 (UTC)
        • Copyrights itself includes the right to distribute (See w:Copyright#Economic rights). Wikimedia allows non-copyright restrictions (See Commons:Non-copyright restrictions), but I interpret there is no rule to allow copyright (includes right to distribute) restrictions that violate the CC-BY-SA license. According to the Commons:Licensing#Acceptable licenses, "Non-commercial, educational, personal, or editorial use only" and "Notification of the creator required, rather than requested, for all or for some uses" are prohibited. As long as the original creator ZUN states "For the commercial production of derivative material, or the mass circulation of derivative material outside of doujin shops, you must seek my permission. To publish on commercial magazines and books, you must notify me.", I interpret uploading the picture in Wikimedia Commons is not allowed. We will wait for another person's interpretation. --Kinketu (talk) 11:32, 19 October 2022 (UTC)

Deleted: per nomination. .     Jim . . . (Jameslwoodward) (talk to me) 22:21, 6 December 2022 (UTC)