Am I allowed to use other's people avatars in a game?

Really simple question…

And before you throw tomatoes at me for probably asking a very obvious and often asked question, let me say that I’ve recently read something interesting on the forum which lead me to the conclusion that: no, I am not allowed

But that doesn’t confirm it, so does anybody know if this is something that breaks roblox’s rules?

I’ve read that using UGC in your game without permission is against the rules, and, if the avatar I insert uses UGC, im technically breaking that rule, right?

Sorry if this question doesn’t make much sense…
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Can you link the post which mentioned it?

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There isn’t a post saying that exactly, but thinking logically, if you load someone’s avatar into your game, and they’re wearing UGC, you’re using UGC in your game without permission.

I’ve read using UGC with no permission from the creator isn’t allowed from here

Please correct me if I’m wrong
(Edit: now I wonder how Bloxburg has so many clothes)

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You likely can’t because even if the person want their avatar in your game, their clothes count as assets from other creators so if you uses someone else avatar then the creators of the clothes can legally ask you to take it out.

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Exactly what I thought, there’s alot of games that do this

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Ye but the creator have to know about the game and want to take action so the removal can happen. If you use their stuffs then you put yourself at risk of removal but they need to know your game even exist first.

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Welcome to Bloxburg is a pretty known game, I wonder if the creator asked all of the ugc creators one by one for permission.

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Well, BloxBurg probably have their own modelers so they don’t go around and ask a hundred different people for permission. If BloxBurg owner want a UGC that was made by someone who’s not in their team, they legally got to reach out for permission.

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That’s true, but it still lets you use custom accessories from the UGC Catalog, so I’m not sure.

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I believe you are allowed to use other’s avatars in your game, based on a Fair Use defence.

If they are a fleeting/minor object in focus within your game, you can argue that you have used a minor proportion of the work and that it’s not the primary purpose/intention of your photo (creative assets - shirts, pants, hair, hats). For example, I have a group of my friends’ avatars in one of my game’s thumbnail

The purpose of this image isn’t to showcase others’ assets as my own, but rather to imitate a public setting in my game. Also, the portion of the assets seen is very minor in contrast to the rest of the setting. My friends had bought the assets that they are wearing, so it’s not depriving the owners of these assets of any income.

tl;dr: Unless it’s a trademarked brand like Adidas, Nike, etc., I believe it’s fine to allow such content to be depicted on players, provided the purpose of your work is something greater than the creative work.

… I would also ask for people’s consent to use the likeness of their image :slight_smile:

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Actually, most of the accessory you can use to dress in that game was made by the official Roblox so you don’t need to ask for permission. All Roblox assets are made for Roblox games. Sure there are some non-Roblox UGC but it’s not like the whole user generated UGC all in there, there are only a few selected ones that are in the game and not to mention many of them are from the same creator so it not that much to ask.

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Even without hurting the creator income money, it still a copyright infringement and they can still legally request you to remove their creations. Also it is Roblox TOS that using UGC without permission is not allowed and it doesn’t necessary acknowledges “Fair use” in a court settings. Like you may not get sue for 150,000 dollars but you still put yourself up for possible TOS violation.

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You can wear any Asset you want, UGC or not, as long as you enter It’s ID, I’m wearing something that I did not purchase myself.

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ye but the thing is the assets are not in the game itself but a thing that players put in the game so the game creator can argue that their game design didn’t directly used the assets and therefore not copyrighted. Unless you use avatar that are all Roblox owned items then you need to ask permission from the UGC creator via messaging them.

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The other assets that do have permission are also not in the game, they’re all inserted when equipped, but that doesn’t really matter.

Following that logic, if someone made a system that gave the player a completely randomly generated outfit from the catalog, that would also imply that the game design did not use their assets “directly”, right?

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No when you make a random system that gives the players UGC from other creators (without their permissions) then it counts as you directly selecting the UGCs and therefore you have designed the game with the intention of using the UGCs (without permission). In BloxBurg case, they have a system that allow you to insert anything that you want not necessary aiming at UGC, it is the players intention. Beside I found this post by Coeptus asking for permission for UGC: UGC clothing and hats for Welcome to Bloxburg

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Yes, there are clothes that were submitted, tho, I don’t think all of them, as I’ve inserted clothes that were created hours ago, I could be wrong tho, maybe every creator submits their clothes to the Bloxburg game, as It’s pretty popular.

I meant using Catalog items in general, ugc or not, in any case, I understand,

But I’m not sure about the player’s intention thing, Bloxburg has every item made by Roblox and all items made by the community (with permission) in one tab, they also have a searchbar to look for those specific items, so a button saying “Add Custom Accessories” really gives off different vibes.

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