Are Spin-Off, Homage, Remix Or Derivative Collections Permitted?

The section provides guidance on how xHaven may moderate content, such as collections and homages in line with the principle of “Fair Use”, which users should familiarise themselves with prior to creating digital collectibles to ensure they are not infringing on the intellectual property rights of others.

Fair Use

Put simply, Fair Use is using copyrighted works or art (such as literature, media, characters) in a which is “transformative” for purposes such as “commentary, criticism, education or parody”.

Fair Use Applied To Digital Collectibles

Prior to creating digital collectibles where Fair Use may apply, you should consider the following:

  • Are you owner of the original rights for all items in your material?

  • If you are not, does your use of the copyrighted work add “new expression, meaning, or message to the original work”?

  • Does your use of the copyrighted work effect the value of the original work adversely?

  • Have you had written authority from the original owner to create your digital collectible(s)?

  • If you are modifying an existing digital collectible, do you own the original digital collectible in your account and have any intellectual property rights been assigned to you?

If we receive requests to review takedown notices in respect of copyright infringement, collections and/or digital collectibles may be removed from xHaven due to failure to qualify for Fair Use.

The use of a filter to an image, or the addition on text, may not qualify as fair use.

Similarly, simply adding a disclaimer in the title or description does not exempt you from copyright infringement claims where the copyright holder has not assigned their rights to you or granted you express permission.

xHaven may remove content and/or materials which infringe on the intellectual property rights of others at any time in accordance with our Terms & Conditions.

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