Help about copyright

Hi, I’m stick! I’m creating a SM64 type game but not using mario,yoshi,toad or any other copyrighted characters.

What I don’t know is if they can copyright me even if i’m not using anything copyrighted except the textures.
I will be using textures from the original game but I don’t know if just the textures will get me taken down.
PS! I am remaking the game and all possibily copyrighted things have been removed.

Hi,

First of all: I am not a lawyer. Don’t take my opinion as legal advice. This is just my opinion based on my own experience on DMCA claims.

To be honest I don’t think Nintendo would be looking for games on Roblox to check if they are using their assets, unless your game explodes and goes viral.

But the answer is yes. If you are using original game assets from Super Mario 64, Nintendo is the owner of that Intellectual Property and may file a DMCA claim against your game.

But as you mentioned, it is a texture, not like a full game model or a full copied game. In the worst case I think the texture asset would be taken down, not the game entirely.

Edit: And of course you would get a strike on your account. See this page for more information, under “What happens if I receive a DMCA takedown notice against something I’ve posted on Roblox?”.

When I submitted a DMCA claim about a logo of mine being used, just the logo got taken down, not the whole reported group.

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I agree, also I am not the one uploading the textures. Therefore I shouldnt be responsible.
I don’t know, i’m just guessing.
I don’t really understand law.

if you did not upload the textures, you will not get punished in any way. But you will get some errors in the developer console saying that the asset was not found and you will soon notice that the textures are missing, since they were possibly taken down.

I don’t think that you should have to worry. The textures shouldn’t be affected by copyright. I would be careful though, because you just don’t know for sure. I think you should be fine using textures, but obviously characters would be a different story.

I found them on some pack from 2010 or something.
If they’ve been up for 11 years, I think they wouldn’t be taken down soon.

If they’ve been around for that long, I can guarantee you that a lot of people have used them. I think it should be fine.

Alright thanks, of course the Super mario penguin isn’t copyrighted as it was only used once as a quest item (but it is my favorite item)
Obviously im not using mario.
I’m making my own storyline which is a bit similar to SM64 but different worlds and stuff.

Unless the textures are trademarked there’s not really much they can do about it.

I don’t think nintendo will actively copyright dirt.

Robot 64 didn’t get banned so I think your fine.