So basically, this should also involve the third-party in question, right?
Because if THEY took the sound from Tommy and gave it from Roblox, aren’t both the third-party and Roblox breaking copyright laws?
Tommy has the rights of it, TP takes it from Tommy, and sells it to Roblox, they sold it without the permission of Tommy, and Roblox is using it, and now, that Roblox adknowledges Tommy and his rights, this should end in a legal boogaloo ad probably ending on Tommy winning.
I’m not going to get into this debate, as I have a rather biased view against trying to copyright a basic Human noise that anyone could make, and I’d rather not spread my views everywhere wantonly.
Instead, I’m grateful that ROBLOX decided to at least make a public post about it, and acknowledge what’s going on, and let us users know the situation. I’ve never heard of Tommy before, and I always figured that ROBLOX either created the sound, or just acquired it from some fair use website, like they did with the original Linked Sword mesh.
However, anything and everything after is strictly between the ROBLOX cooperation and Tommy himself. I understand that we all have opinions and are choosing sides, but in the end, we won’t really affect or change the outcome of this. If it goes to the courts, then it’ll be settled there and we’ll find out then. But at least ROBLOX is being transparent with us, and letting us know about this situation. I was actually completely unaware this was an issue until this thread.
I can only hope that both sides can come to a fair conclusion.
Correct - There should be a question of this third party and whether or not they have gotten it legitimately. If this third party had previously already been prosecuted by Tommy and he won, it wouldn’t hold too well for Roblox, but they probably would repurchase the rights as they are trying to reach more content creators for the platform.
This is why in an actual legal case, Roblox would’ve had to show where they had gotten the license from. From there, Tommy would have to dispute it with them. If he won, then Roblox would have to pay for the licensing again.
Tommy should most certainly go after this third party given this info. Then he can focus on Roblox.
Most companies now typically ignore or deal with such situations in the shadows without letting their community know, it’s great to know Roblox cares about our concerns when it came to this matter.
In his most recent post, showing the “copyright” he had misspellings in the documents. At this point- I feel it is inappropriate for everyone here to be speculating off of information that no longer seems viable; or trustworthy. Time is wasted debating something that we have no true business in- and ROBLOX was only forced to address it; due to Tommy being so valiant in attempting to gain traction for the injustice.
The courts can decide if there is a case, we are in no place to do so.
I think that purchase is the way to go
If it was some small business I would understand that it would be not fair if they had to buy something twice but Roblox is a big corporation so they have money to buy it and it’s probably not very expensive, that’s 1 second sound after all
I personally do not think Tommy deserves anything after the way he’s bashed the platform on social media the past few weeks. Even if he did want to pursue legal action, Roblox could easily stomp this whole thing out by dragging this out in court and helping him accumulate tons of legal fees until he can’t afford it any longer.
Now, if this is true and you bought the sound copyright free, then shouldn’t that mean that Tommy’s game (if he made it, maybe just helped) “Messiah”'s oof sound also was bought from the same website, unless he made the sound
The thing is HE made the sound and I don’t think it’s even copyrighted (so it could be on this stock CD-ROM) because Tommy fails in showing copyright claims so… if it’s not copyrighted they can use it Edit. never mind it is copyrighted
This is mere documentation of what I could gather, and some from what @Mariofly5 could gather, and is in no way meant to personally attack Tommy Tallarico or anyone related to him.
First thing I can notice here is the fact that Correspondence is misspelt,
Another thing that makes me really suspicious is the fact that none of the dates in his contract match:
I’ve never seen a contract made after your work be applied before you started working, might happen, but there’s also this that makes me even more suspicious:
You might say: “What is wrong with the company’s name? That’s normal, it’s to represent how the company is going to be refferenced!”
And here I have the answer:
(I left this one fullscreen)
The company name isn’t “Shiny Entertainment, Inc” It is “ShinEy Entertainment, Inc” according to copyright catalog. Also something I wish to point out, Messiah is copyrighted as a computer program AND audiovisual material.
So could it be Tommy doesn’t own the OOF sound at all? I’d doubt he’d lie about something now when he could of lied about it a year ago, or several years ago, heck, even a decade ago.
All of this is hurting my brain just thinking about it.
All of what you just said is entirely incorrect assuming what Roblox has said is correct (which its extremely unlikely Roblox would lie to us because they’d be risking even more legal trouble by doing so not to mention their reputation in the community would be ruined). I’m apt to believe what Roblox has said here, not to say I don’t believe what Tommy has said. (The rumor that Roblox purchased the audio off of an illegal site is entirely impossible to prove nor is it realistic. No game developer would decide “oh hey I’m going to buy my game audio off of an illegal site so I can get into trouble later”)
Roblox claims they purchased the audio on CD. Tommy may have made the audio, but he never registered it in any copyright systems and it was impossible to see if the audio was copyright free. Roblox really has broken no laws as I said above.
(Note: As stated in a reply below copyright registration is apparently not required. Thanks @sncplay42 for correcting me.)
Additionally, the contract does not pertain to Roblox. If the audio was released as copyright free audio by Shiny Entertainment, Shiny breached this contract and Roblox is not responsible for the audio usage.
Again, no side has really done anything particularly wrong to be fair. I don’t necessarily agree with some of Tommy’s responses, however, I understand the reasoning for his perception of what happened and I don’t really hold anything against him.