I have a serious question and I am in need of assistance. So I have at least 15 Kool-Aid Killer games on Roblox. The Kool-Aid Killer is a parody of the Kool-Aid Man and the game is a strategic survival game originally made by CloneTrooper1019 (Maximum_ADHD).
Today I log on to Roblox to find out that "KRAFT FOODS GROUP BRANDS LLC" sent Roblox a DMCA request for JUST ONE out of my bazillion Kool-Aid Killer games. Can they just do that as a parody of their product? Also, NONE of my other games were actually taken down, and Maximum_ADHD's original kool aid killer game is still available on Roblox. It begs me to ask myself 2 important questions
Is someone impersonating the company to get my game shut down out of revenge?
Is the company actually sending it for just that one game and none of the others?
I am lost right now and I need some guidance. My game was just shut down and all of the other kool-aid killer games still stand. Do you think I am the one in the wrong and I should just shut down the rest of my Kool Killer games? Should I get help with getting my game unbanned? I seriously need some guidance right now, as the game was my favorite version I have made and I no longer feel like continuing with game development on this platform.
According to search results, a parody is fair-use. It’s not subject to takedown unless specified by the original creators beforehand (source, source, source).
Although, using assets the owner created resides close to non-fair-use.
Yep, they can. It would be hard to argue that parody protection laws apply here, and you would have to take it to court with a lawyer to prove it.
Honestly I think you’re lucky they are not suing you for damages.
Just a hint, to argue fair use/parody usage in the USA is not an automatic protection like the DMCA is for copyright holders. If you really wanted to pursue this, KRAFT could easily force you to go to court, and win, to get protection here, opening you up for liability.
And to be blunt, I wouldn’t even try it. Parody is meant to be exaggeration for comedic effect or social or political commentary. Up to you to decide if you think you’re actually parodying the Kool Aid man here, but to me it looks like you’re just using the IP directly to make an unrelated product.
I got a dmca on my other account that i had years ago as another way to have another active place, I logged into it 2 months ago to check out some of my older stuff and because the way Roblox of is now with more then 1 active place I left a bunch active… a week later i get this dmca notice that roblox has taken down one of my places, none of which are games or have any thing in them that’s stolen. Things ive built.
But it was the name of one of them that made Microsoft file it, and honestly it surprised me because the game that it was named after is from the 80s or 90s. AOE rise of rome, and all it was, was some things i built because i was inspired at the time.
Kinda dumb there is no warnings of hey you got to change this or remove this or this will happen, but anyways that’s the way it is.
I found it odd because of it being a completely random account that i hardly used and it not having much at all visits.
Companies will take down what they see. You’d think that they would search to see if there were any other Kool-Aid Killer games but they might not’ve gotten around to it yet.
Don’t be surprised if the original Kool-Aid Killer gets taken down at some point though.
Not legal advice. But i think in order to be considered parody you cant use the actual name. You used “kool aid killer” you gotta change the name. Anything that uses kool aid. Just call it kranberry killer or something.
If you believe that you are in the right, you can counter their takedown; I do not suggest doing that. That is a legitimate company with a competent legal team. If you do counter their takedown, you will get receive their address, phone, email, and the name of the person in Kraft (Their Lawyer) that DMCAed you. Smilling_Mousey is giving horrible advice, Roblox makes sure that the DMCA is legit. If you do file the counter-notice, Kraft Foods can take you to court.
