>>70836404Amusingly, Article 2 is at best hanging by a thread because of its reliance on the defined terms. I think Article 2, though, largely doesn't even prohibit Party B from signing as a different character with a different agency WHILE the VTuber is an active participant in the program.
Article 2 prohibits Party B from performing "the VTuber Activities" defined in Article 3 for a third party while the contract is in full effect. Let's read Article 3 to find out what "the VTuber Activities" means.
The VTuber activities consist of, expanding the defined terms referenced in Article 3, emphasis added:
(1) Performing the Distribution of the Contents ("live streaming or uploading of Images, Etc. on the Video
Hosting Service Account designated by Party A AS THE CHARACTER designated by Party A")
(2) Performing the Social Media Disseminating ("blogging, tweeting, writing, and other dissemination of
information AS THE CHARACTER on the Social Media Account")
(3) Performance and appearance on television, radio, records, videos, movies, plays, concerts, commercials, etc.
(4) Conducting press conferences for television, radio, newspapers, magazines, etc.
(5) Any other matters ancillary or related to any of the above items
So, Party B is an active VTuber under the contract while the contract is in full effect. Items (3)-(5) do generically prohibit a lot of different kinds of publicity appearances and publishing physical phonorecords, but live streaming with a virtual avatar of a different character, and making social media posts as a different character are specifically defined only with reference to those activities if performed AS THE CHARACTER designated in the individual agreement.
A court may resonably construe (3)'s "videos, movies, plays, concerts, commercials, etc." as including live streams, but it seems to at least be a slam dunk that you can be a pre-debut vtweeter with a different character, and probably even do live streams with that character, while you are still active with Nijisanji
