Terms of Use ‘Sofu no Nikkiden’

Mission Statement Clarification for “Sofu no Nikkiden”

“Sofu no Nikkiden” is a musical and educational work with a deeply rooted mission. This mission is integral to the purpose and intended use of the work, and we ask that all participating organizations embrace and uphold the following principles:

1. Sharing the Story of Early Nikkei Settlers:
   The primary intent of “Sofu no Nikkiden” is to share the story of early Nikkei settlers in Canada, highlighting their resilience and strength in overcoming discrimination. Through this work, we aim to honor their legacy and educate others about their experiences.
2. Conveying a Message of Tolerance:
   Each piece within “Sofu no Nikkiden” is designed to relate a portion of this larger story, carrying with it a message of tolerance, understanding, and the importance of sharing our histories and experiences. The work seeks to foster empathy and solidarity among diverse communities.
3. Respect for Japanese Musical Traditions:
   “Sofu no Nikkiden” is written and shared within the traditions of Japanese music. This unified cultural identity and purpose are central to the work and should be respected in all performances and interpretations. Adhering to these traditions helps to preserve the authenticity and intent of the work.

Parties engaged in these Terms of Use for “Sofu no Nikkiden”

• The musical and educational work “Sofu no Nikkiden” is issued and administered by The NAE Project, led by composer Kokichi Kusano. The NAE Project is responsible for managing the distribution, use, and adherence to the terms outlined in this policy. The committee authorized and tasked with propagation of ‘Sofu no Nikkiden’ under The NAE Project, is known as the organizing committee. The members of the organizing committee as of September 6, 2024, are Kokichi Kusano (composer and artistic director), Akiko Date (director of public outreach), and Tony Nguyen (director of education and resources). Collectively the providers of ‘Sofu no Nikkiden’ are referred to as ‘we’ or ‘the provider(s)’. 
  • The provider reserves the right to amend these terms and to manage the membership status of any organization based on their compliance with these guidelines.

• Organizations or individuals that sign up to use “Sofu no Nikkiden” are referred to as participating organizations, participants, or ‘you’. By enrolling, these organizations agree to the terms and conditions set forth by the provider and commit to upholding the mission, values, and respectful use of the work as described in this policy.
  • Participating organizations and participants are granted the privilege to engage with, teach, perform, and adapt “Sofu no Nikkiden” in accordance with the guidelines provided. They are also responsible for ensuring that any use of the work aligns with the core principles of respectfulness, cultural integrity and sensitivity, and the accurate representation of the story of the Nikkei settlers.

Terms

1. Ownership and Copyright
   Kokichi Kusano is the composer and sole copyright owner of all materials and works embodied in the composition titled “Sofu no Nikkiden” (also known as “Grandfather’s Journal” in English). All rights, including copyright, are fully reserved by the composer.
2. Classification of Works: Outward and Internal Pieces
   The works associated with “Sofu no Nikkiden” are categorized into two types:
   • Outward Pieces: These pieces are intended for sharing and common use among participating organizations. They may be freely exchanged, practiced and performed under the conditions outlined in this policy.
   • Internal Pieces: These pieces are not automatically or currently available for free or open use. Access to ‘Internal pieces’ may be subject to fees, but at a minimum require permission be granted for their learning, resources or use from the provider. They may be shared by the composer or the providers, with participating organizations that have made established contributions to the “Sofu no Nikkiden” legacy, overtime; or, made available as they are developed for sharing, whereby they would be added to the list of ‘Outward’ pieces and those terms would then apply.
   • The classification of these pieces is determined by the providers and any dispute shall be resolved at the sole discretion of the composer Kokichi Kusano (the composer).

3. Educational Use and Public Performances
   • Use of Outward Pieces: Outward pieces from “Sofu no Nikkiden” are provided to participating organizations under the terms specified here. These pieces may be used for teaching, sharing, community building, public performance, and celebration.
   • Sharing Educational Materials: Participating organizations are permitted to share educational materials related to Outward pieces with their members and students. However, if these materials are to be used to teach non-affiliated groups or organizations, those groups or organizations must first apply and enroll in the “Sofu no Nikkiden” program and agree to the terms outlined in this policy. Further, if members or students ‘break away’ from the member organization at a later point in time, they must first apply for their own membership rights before continuing to access, use, teach or perform works from ‘Sofu no Nikkiden’ and adhere to the same terms of use that applied to their former affiliations.
   • Credit Requirements: “Sofu no Nikkiden” and its composer, Kokichi Kusano, must be credited in all educational forums, materials, and presentations shared by participating organizations.
   • Cultural and Educational Significance: Participating organizations must acknowledge and convey that a key aspect of learning and sharing the music from “Sofu no Nikkiden” is its role in relating the story of the Nikkei settlers in Canada and their experiences during internment. This narrative is central to the educational mission of the work.
4. Additional Support and Resources
   • Additional support materials for Outward pieces can be provided upon request by contacting the provider and detailing your request. Additional resources or workshops not covered by the initial seed funding, such as Internal piece resources, or custom materials can be provided by the provider, by contacting the Director of education and resources, Tony Nguyen at:
     • education@naeproject.ca
   • Applicable fees and costs may apply for these additional resources. However, to the greatest extent possible the providers will endeavour to provide material and resource support to members and participating organizations at no additional cost, where funding or the necessary means exist to do so. 
5. Adaptations and Innovations
   • Member groups are invited and encouraged to innovate in the areas of choreography, drama, music, and storytelling using the primary works from “Sofu no Nikkiden.” However, these innovations must respect the core musical structure of the works and adhere to the following guidelines:
     • Respect for Core Works: The musical rhythms, principal melodies, and overall structure of the core works must remain identifiable and should be credited accurately. 
     • Maintaining the Principal Message: Adaptations must not deviate from the principal themes of tolerance, non-discrimination, and the mission of sharing the experiences of early Nikkei settlers in Canada. The works should not be used to relate stories that are antithetical to these themes.
     • Purposeful Innovation: Any changes made to the music, choreography, or storytelling should enhance the vision of “Sofu no Nikkiden” and support its message. Innovations should contribute positively to the narrative, ensuring that the integrity of the original work is preserved.
     • Accurate Crediting: All adaptations must include accurate crediting of the original work. For example, if the piece used was “Yama Ichigo,” the credit should read:“An interpretation of ‘Yama Ichigo,’ from ‘Sofu no Nikkiden’ by composer Kokichi Kusano, 2024.”
6. Commercial Use and Copyright Fees
   • Outward pieces provided in “Sofu no Nikkiden” may be used freely in public performances where no commercial benefit or revenue is generated. In these instances, participating organizations are encouraged to share and celebrate the work without concern for copyright fees.
   • However, if “Sofu no Nikkiden” or any portion of it is used in a performance or production where revenues exceeding $500.00 CAD are generated in the form of contract revenue, performance fees, honorarium, third party hiring, sale of musical representations or recordings, sponsorships or ticket sales, a copyright fee must be paid to Kokichi Kusano. The fee structure is as follows:
     • A flat fee of $50, or
     • 10% of the value of the piece(s) as performed, as a portion of the overall performance content, deducted before other expenses from the performance ‘fees’ or revenue, whichever is greater.
   • Example: If a performer includes a piece from “Sofu no Nikkiden” in a set of three total pieces performed, the copyright fee is calculated as follows:
     1. First, determine the gross revenues from the performance before other expenses, such as performer pay, rentals, travel costs, etc.*
     2. Next, determine whether gross revenues exceed the minimum $500.00 CAD to require payment of a copyright fee. If not: no payment is required.
     3. Divide the gross revenue by the ratio of the “Sofu no Nikkiden” piece(s) against the total number of pieces (in this case, one-third or 1/3).
     4. Multiply that result by 0.1 (10%) to determine the copyright fee.
   • Calculation:
     • Net Revenue ÷ 3 (number of pieces) × 10% = Copyright Fee
   • For instance, if gross revenues from the performance are $900, the calculation would be:
     1. $900 > $500 therefore copyright fees must be paid.
     2. $900 ÷ 3 = $300 (value attributed to the “Sofu no Nikkiden” piece)
     3. $300 × 0.1 = $30 (copyright fee by ratio)
   • In this example, the copyright fee owed would be $50 (as the flat fee is greater than $30).
   • *Copyright fees must be charged on gross revenues before performers or groups pay themselves. This is to ensure that groups do not simply ‘expense’ the balance of profits as ‘artists fees’ or other expenses in order to avoid paying copyright fees. 
   • Payments:
   • If you wish to be invoiced for applicable copyright fees, please submit a request for invoice that includes the performance details, gross revenue total and the program of pieces performed so that we can calculate your fees and issue an invoice for you. 
   • Payments can be made to Kokichi Kusano via e-transfer with the memo: “Sofu no Nikkiden copyright fees,” sent to the email: yamato_musashi@hotmail.com or contact Kokichi for alternative methods of payment. 
   • Payments can be made prior to performance but should be made no later than up to 60 days after the performance has taken place, to ensure good standing and continued authorizations and privileges to access ‘Sofu no Nikkiden’. 
   • If you have any questions regarding copyright or copyright fees for a performance, please contact:
     • contact@naeproject.ca
7. Amendments and Discretionary Use
   • Kokichi Kusano reserves the right to amend these terms and to exercise discretion regarding the sharing and use of Internal Pieces and any other works related to “Sofu no Nikkiden.”
8. Voluntary reporting and submission of photographic or video archives
   • We invite participating organizations and participants to share the details of their performance and/or educational work with the content of ‘Sofu no Nikkiden’, such as:
     • date
     • venue name
     • audience
     • location of event
     • copies of any programs or materials that cite or credit ‘Sofu no Nikkiden’
   • These submissions will be used to document progress and support future growth and endeavors to share ‘Sofu no Nikkiden’ and may be published as part of our future promotional efforts. You acknowledge that by participating in the free use of ‘Sofu no Nikkiden’ content, that you authorize us (the providers) to document and share the details of your presentations or performances of its content that you share with us.
   • For public presentations seeking a broad audience, we recommend sharing the details of these presentations as soon as they are announced and prior to performance, in case our network can assist in advertising the event. Please email us to let us know if ‘Sofu no Nikkiden’ content is going to be featured in an event or presentation.
   • Furthermore, please feel free to file a brief emailed summary of your performance after the fact, to share any photographs or video links we might add to the archive, allowing us to keep track of and support the continued sharing of ‘Sofu no Nikkiden’ over time, as well as allowing the community of participants to see what others have done with the work. The details of these summaries, and photo or video evidence may be presented online or in other media, to help showcase the work to a broader audience. 
   • We would also appreciate any photographic, video or media content that documents your work with ‘Sofu no Nikkiden’, and while it is unlikely to be published on an outward facing platform such as the public website (because image quality is so variable), we would like to keep an archive of such media for sharing amongst the community of member groups, while reserving that some qualified content might be used as outwardly promotional material. Please be aware, that because we would like to retain the right to use media content that positively reflects on the impacts of ‘Sofu no Nikkiden’, if you do submit images and media, that we observe the following policies and require that you understand and agree to abide by them in kind:
9. Policy regarding images of the public and youths
   • Images of public workshops that include the faces of participants of the public must be collected with consent from adults 18 years of age or greater, or in the case of children below the age of 18, consent of their legal guardians must be obtained and provided with the submission of those images. The permission to collect this media and images must include full permissions to all rights to the media and images – including waiving all claim to compensation rights for their use in perpetuity. Otherwise, images or media should not include recognizable facial representations of children under the age of 18 or members of the public who have not been notified and consented to having themselves photographed or video recorded. Submissions of material that do not comply with these requirements, will not be used in publication.
10. Disclaimer of rights to use media submissions for promotion of ‘Sofu no Nikkiden’
    • By participating in or submitting any materials related to ‘Sofu no Nikkiden’, you agree to grant us, the Providers, full and unrestricted rights to use, in perpetuity, all images, video footage, and media collected during live sessions, as well as any media, textual reports, or other materials submitted to us. This includes, but is not limited to, photographs, video recordings, written accounts, and digital media that document the performance, adaptation, or usage of ‘Sofu no Nikkiden’.
    • We reserve the right to use, reproduce, publish, distribute, and publicly display these materials without limitation, for promotional purposes, archival documentation, or showcasing the development and impact of ‘Sofu no Nikkiden’ over time. You further agree that all intellectual property rights to any images, videos, or reports submitted to us are fully transferred to the providers, and we may use these materials at our discretion, including but not limited to, for promotional, educational, and community-building activities.
    • By participating, you acknowledge that you will not receive any compensation for the use of these materials and that the providers hold the right to edit, modify, or decline to use any submitted content as we see fit.
    • Performance details and photos or video can be emailed to
      • contact@naeproject.ca.

Contact Information for the Organizing committee for ‘Sofu no Nikkiden’

For artistic or general questions related to “Sofu no Nikkiden,” please contact:

Kokichi Kusano

Composer (Sofu no Nikkiden) and Artistic Director (The NAE Project) 

Email: contact@naeproject.ca

For inquiries relating to arranging workshops for Sofu no Nikkiden near you:

Akiko Date

Director of Public Outreach

Email: outreach@naeproject.ca

For Educational support, materials or inquiries about methodology for teaching:

Tony Nguyen

Director of Education and Resources 

Email: education@naeproject.ca