Question Question about Usage of Piapro Artwork

[mobius017]

TLDR: If you create a song and distribute it for free, can you take a piece of art from the Piapro website that is licensed for non-profit use and use it for the song file's included embedded thumbnail (i.e., the image that shows in a media player)?

-----The long version of the question----

Is anyone familiar enough with how things work on the Piapro website to know if there are restrictions on what you can do with the artwork users have uploaded there within the confines of non-profit use?

Specifically, I'm wondering if I can use artwork uploaded to the site as the iTunes/other media player thumbnail for a song, whose mp3 file I would distribute for free. (The artwork would be embedded in the song's metadata, I think. Just like the art for the songs you get from an online music store.)

On Piapro, the artwork is provided with a license that stipulates only that it must be used for non-profit purposes, so it seems logical that you could use it for anything from which you earn no money. But then again, most everything I can see on Piapro assumes you'll be creating freely-viewable online videos for YouTube or NND, rather than distributing files for people's personal private use. I'm wondering if the fact that I'd be distributing individual copies of the art makes a difference. (Albeit, these "copies" would be embedded in the song data.)

This is probably Piapro's most helpful/detailed description of the licensing people can apply to their created works. As you can see, it makes no mention of forbidding/allowing distribution.

Edit: orz That's probably way too complicated-sounding for people to want to read... Added shorter version at the beginning.

 

[Jisenku]

Gonna post the English version of the Licensing from Piapro: as well as the CC BY-NC info page from Creative Commons

What I know for sure: As long as the art itself is free to be used and distributed in the same manner as the original art from Piapro is (Attribute original artists and non-commercially), and the art follows those guidelines, you are fine.

Side note: Piapro hasn't updated their licensing to 4.0 just yet so assume that they are still using 3.0, the same licensing that I linked to.

I believe this is true, but don't take my word for it: Technically Vocaloid voices and Vocaloid characters are different, so while Vocaloid Characters/Art are licensed as CC BY-NC, the Vocaloid Voices themselves aren't, so if you have the right to use the voices commercially, then you are fine to do so, I believe even with an MV, but again, not 100%, I'm only 15 and trying to make out legalities, so add a pinch of salt to this statement and do some research/contact Piapro here: クリプトン｜About us (English form)

EDIT: Look, mom! Prettier links!

 

[hamano]

Here's some bits from Piapro FAQ:

How can I use the work posted on Piapro in my own video work?
Works posted to Piapro can be downloaded and used only by Piapro members by observing the license conditions specified for the works. In addition, if the work is an illustration of our character, the "Piapro Character License (PCL)" will also be applied at Same Time The, So Please Observe The Terms Of Use Specified By PCL. If You Use Another User'S Work, Please Report As Much As Possible. If The Work Is Not Licensed, You Will Need To Obtain Individual Permission From The Author.

What are the "license conditions"?
Piapro members can use works posted by other members for their own work. The license conditions are a summary of the rules that you must follow when using the works of other members.
The rules that appear in the license terms include:
For non-commercial purposes only
It is a condition common to all works. Piapro submissions cannot be used for money or for company promotion.
Please display the author's name
When using a work with this condition, please be sure to write the name of the author specified in the license condition.
Please do not modify
When using a work with this condition, you must use it as it is without modifying the work. Works that do not have this condition can be freely modified, but even in that case, they cannot be modified to reduce the value of the work or make others uncomfortable.
In addition, although it is not a rule set as a license condition, as a manner between creators, please report "used" to the author as much as possible when using the work.

What is an "original license"?
An original license is a license that the poster of a work can independently grant to his or her own work, in addition to the license conditions of the work prepared in advance by Piapro. For information on how to apply an original license when submitting a work , see "Original License Entry Guidelines" .
When using a work with an original license, please remember to respect the author. Please try to respond to the requests made by the author as much as possible.
In addition, the author can change the original license of the work, but the original license after the change does not affect the use of the work made before the change. However, the latest original license reflects the latest feelings of the author, so from Perspective Of Respect The For The Author, Please Follow The Modified Original License As Much As Possible. By Downloading The Work Again, You Agree To The Changed Original License.

So if the author has set an "original license" to their work then you need permission from them if they don't allow use in the other licensing terms.

In any case I strongly recommend asking the artist first to be safe (you can do that through your piapro account). Asking would be courteous even if you technically wouldn't have to.

 

[mobius017]

Thank you! That part about the PCL was interesting. I thought I'd read that the PCL was only for cropped/edited versions of the official artwork, but I haven't found that in the documentation yet. And I definitely don't remember seeing that PCL and the terms applied by the artist should be used at the same time, but that's what the Piapro FAQ seems to say....

As I understand, the PCL and the "CC BY-NC" are interchangeable, with the latter being intended for use outside Japan, although anyone can use either. Since I'm from the US, I've added that for the moment. The artwork from Piapro doesn't seem to have an original license, so at least there's not that to worry about. It just has the non-commercial stipulation. I did leave a comment on the art, as the Piapro docs advised/per etiquette, and I've messaged the artist regarding the music files. I don't think the artist has been around for a number of years, though. The CC BY-NC seems to allow distribution in any case--though technically it's not MY art I would be distributing, so it seems like the original artist should be applying the CC BY-NC somehow, since they're using CFM's character. But of course I'm the one displaying the art on the song, so I end up having to display the license. Which is pragmatic/realistic but somewhat illogical.

This gives me possibly the longest string of attributions I've seen on a vocal synth track :) .

Aargh, trying to do this stuff right causes me so much angst orz. Especially since it's covered in like 5-6 legal documents I can only read with Google Translate. If I'm not around at some point, I've probably followed Yukine to bunny jail.

 

[Jisenku]

Thank you! That part about the PCL was interesting. I thought I'd read that the PCL was only for cropped/edited versions of the official artwork, but I haven't found that in the documentation yet. And I definitely don't remember seeing that PCL and the terms applied by the artist should be used at the same time, but that's what the Piapro FAQ seems to say....

As I understand, the PCL and the "CC BY-NC" are interchangeable, with the latter being intended for use outside Japan, although anyone can use either. Since I'm from the US, I've added that for the moment. The artwork from Piapro doesn't seem to have an original license, so at least there's not that to worry about. It just has the non-commercial stipulation. I did leave a comment on the art, as the Piapro docs advised/per etiquette, and I've messaged the artist regarding the music files. I don't think the artist has been around for a number of years, though. The CC BY-NC seems to allow distribution in any case--though technically it's not MY art I would be distributing, so it seems like the original artist should be applying the CC BY-NC somehow, since they're using CFM's character. But of course I'm the one displaying the art on the song, so I end up having to display the license. Which is pragmatic/realistic but somewhat illogical.

This gives me possibly the longest string of attributions I've seen on a vocal synth track :) .

Aargh, trying to do this stuff right causes me so much angst orz. Especially since it's covered in like 5-6 legal documents I can only read with Google Translate. If I'm not around at some point, I've probably followed Yukine to bunny jail.

jesus christ I've never heard of PCL at all >.<

You know, if you're confused about this legal jargon, maybe contact a legal office or see if you can find a legal advice site that can help... because this is going over my head so much. Now excuse me while I throw myself into a pillow and scream extremely loudly because I realize now that I have to deal with this sort of stuff when I become a Vocaloid Producer ;~;

EDIT: again seriously Piapro/CFM does have English support you can contact クリプトン｜About us

please stop relying on Google Translate for legal documents