[Update] September 1, 2023
Hi Creators,
Our economy has been driven by your creativity. We care about providing more ways for you to earn from your creativity and empowering you with the information and tools to protect it.
The issues and laws around copies and intellectual property (IP) protections are nuanced and complex which is why we wanted to share basic information here about IP and how you can protect your own IP rights and creations. In addition to this post, we also updated the Intellectual Property article. We will continue to update this article so you can get more of your basic IP-related questions answered.
Note: IP laws and regulations may vary by jurisdiction. This post is not legal advice, if you have specific questions about your IP rights please consult an attorney.
Key takeaways
- When you create an original work, the things that are unique about it – your intellectual property – automatically get legal copyright protection as soon as you create it.
- The more original and creative your design is, the broader your copyright protection can be.
- Not all items you create are protectable IP. Publishing a design on Roblox that you found elsewhere does not necessarily give you IP ownership for that design.
- Only the IP rights holder knows what rights they have and who they have given permission to use their creations. Roblox can’t take down a potentially IP infringing item until the rights holder files a takedown report letting us know what they believe infringes their rights.
- If you give credit to the copyright owner you don’t automatically have the rights to use their copyrighted work.
- If you find content on Roblox that you believe infringes your IP rights, please see our DMCA Guidelines for additional information on how to submit an IP takedown report to us.
What is copyright and intellectual property?
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. Copyright is a legal protection for original works of authorship. Copyright protects many different types of creative works including music, movies, pictures, books and virtual goods among others.
Typically when you create an original work, the things that are unique about it – your intellectual property – automatically get legal copyright protection as soon as you create it. Only the unique, inventive aspects can be protected by copyright so the more original and creative your design is, the more its design elements are protected by copyright.
Publishing a design on Roblox that you found elsewhere does not necessarily give you IP ownership for that design specifically on Roblox, which means that you may not be able to prevent other Roblox users from also making that design. For example, users that create virtual baseball caps on Roblox will not be able to request the removal of other completely different baseball caps, as shown below.
Other examples where you may not have IP ownership:
- If you see an interesting hat in the real world or on another platform and want to create a virtual replica of that hat on Roblox, you may still need the permission of the original creator of the hat.
- If you give credit to the copyright owner you don’t automatically have the rights to use their copyrighted work.
- If you want to create a hat on Roblox inspired by a well-known style of hat, such as a top hat, you may not be able to stop other users from uploading similar hats.
How to protect your intellectual property and the rights of others
In order to protect your IP, it’s important that your creations are unique. For example, the creation below takes a well-established concept (a Trojan helmet) and adds intricate details that make the design an original expression of the idea, such as the shape and orientation of the gold adornments and the shape of the facial opening.
Figure (a): Trojan helmet with design detail elements that may be copyright-protected due to their unique nature.
When the creator sees others using those specific original design elements in their designs, such as the examples below, they can request the removal of those items.
Figures (b) to (d): Potentially infringing Trojan Helmets using unique design elements of Figure (a) (original).
But just because the original creator can request the removal of those three Trojan helmets does not mean that they can remove all Trojan helmets from the platform. For example, the helmet below is likely not infringing because it does not include any of the creator’s unique elements:
Figure (e): Substantially differentiated Trojan Helmet sharing none of the unique design elements of Figure (a), reducing the likelihood that it would be removed for IP infringement.
Another way to strengthen your IP protection is incorporating your own unique trademark into your items. This can be a helpful way to build your own brand natively on Roblox and visually differentiate your creations from others.
To protect the creativity of others, the Roblox Terms of Use states that any content you create must respect the intellectual property rights of others – both on and off our platform.
- This means you should not upload content you do not own or did not get the owner’s permission to use.
- Infringing on someone’s intellectual property is not only a violation of Roblox’s Terms of Use but it’s also a violation of the law.
What Roblox does to protect your intellectual property
Roblox complies with the Digital Millennium Copyright Act (DMCA) and has a designated process for receiving and handling copyright takedown reports from the owner of the original work.
- Roblox must adopt and reasonably implement a policy providing for the termination in appropriate circumstances of users who are repeat copyright infringers.
- Roblox investigates each report and takes appropriate action, which may include removing or disabling the infringing content, and permanently terminating the accounts of users who have repeatedly infringed on the IP of others.
- If the filing is compliant with legal requirements, and the infringing item is taken down, the infringing creator will lose any upfront payment(s) from publishing Limiteds and Robux earned from item sale(s).
Only the IP rights holder knows what rights they have and who they have given permission to use their creations. Roblox can’t take down a potentially IP infringing item until the rights holder files a takedown report letting us know what they believe infringes their rights.
If you find content on Roblox that you believe infringes your IP rights, please see our DMCA Guidelines for additional information on how to submit an intellectual property takedown notice to us.
- Submitting a IP takedown notice to us is a legal process.
- If Roblox receives a takedown notice about content from someone other than the IP owner or the owner’s representative, Roblox cannot legally take action against the infringer unless contacted by the actual owner.
- Only the rights holder or their authorized representative can report content that infringes on their intellectual property rights.
Roblox-created items and intellectual property
What we shared above equally applies to items that we created as well. We’ve found that the majority of complaints we see about copies of Roblox-created items do not in fact infringe on our IP. We do enforce our own rights when items infringe on our IP, but IP protections do not necessarily extend to every idea presented in a work, but rather the original and unique elements of a work.
For example, Roblox may publish a virtual item that’s a replica of an ordinary, common item in the real world where countless versions (both physical and digital) already exist from many different makers. This might be an unbranded baseball cap or an orange traffic cone. With so few distinguishing elements of the Roblox-created item, even items that appear similar to our creations may not infringe on our IP rights.
(a) Roblox-created traffic cone. Just because other creators make traffic cones, Roblox will not request the removal of other completely different traffic cones made by other creators.
What’s next: Better Creator tools to report, manage, and track IP claims
Our reporting and tooling around IP infringement is an area we are constantly investing in. Over the next few quarters, we want to make it easier for creators to manage their IP on Roblox and we will be building tools that will make reporting, managing and tracking your IP takedown requests easier.
In addition to providing more education and resources, we will continue to share more regular updates with you on tools and ways we are continuing to build a healthy and fair Marketplace.
Thank you.
Resources
- Taking Action on Copies of Roblox-created Limiteds
- Publishing to Marketplace
- Marketplace Policy
- Marketplace Fees and Commissions
- Earning on Roblox
FAQs
Click here to view the FAQ!
How do I protect my creativity?
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Continue to create unique work. The more original and creative your design is, the more its design elements are protected by copyright.
If you find content on Roblox that you believe infringes your IP rights, please see our DMCA Guidelines for additional information on how to submit an IP takedown report to us.
IP laws and regulations may vary by jurisdiction. If you have specific questions about your IP rights, it’s still always best to consult an attorney.
How does Roblox protect my IP?
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IP owners are the ones best positioned to tell us what is infringing. And only the rights holder can report content that infringes on their intellectual property rights. If you find content on Roblox that you believe infringes your IP rights, please see our DMCA Guidelines for additional information on how to submit an IP takedown report to us.
Roblox investigates each report and takes appropriate action, which may include removing or disabling the infringing content, and permanently terminating the accounts of users who have repeatedly infringed on the IP of others.
Who can be an authorized representative?
- The IP owner can authorize someone else to report on their behalf. The reporter must be able to show proof such as a written agreement stating that they are authorized to report on behalf of the IP owner.
What happens when the claim I filed is valid?
- If the filing is valid, and the infringing item is taken down, the infringing creator will lose any manufacturing payment and Robux earned from the item’s sales.
Additional FAQs (Sept 1, 2023)
Is my experience covered by intellectual property rights?
- The parts of your experience that are unique or original – your intellectual property – are indeed protected by copyright law. This is true of any original creative content format you publish on the platform, whether it’s an image, a Marketplace item, an experience, or any other innovative format we enable in the future.
Will Roblox introduce a feature for users to report instances where someone else’s work is being used?
- As we mention in the post, we only allow rights holders to report suspected IP infringements because only the rights holder knows the extent of their rights. For example, the original creator may have granted a license so others could use their creations lawfully.
We are exploring asset similarity detection tools so you can check if items you are creating already exist on the platform or whether someone has potentially copied your IP.
Why can’t Roblox make a feature where the individual can go delete items in their inventory they uploaded a long time ago, instead of waiting for moderation / strikes?
- There is a difficult balance between being fair to creators and fair to their customers who may have paid for access to those items. We want to ensure that any solution we implement respects the community and is not abused. We are continuing to investigate this issue and will provide an update when we have more to share.
How does this also affect TOU and recent changes that state Roblox can use your UGC in any media for any business purpose?
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Our Terms of Use specify that Creators retain the copyrights that they may have to the original creations that they upload to the platform. Creators do grant Roblox permission to use their UGC for specific purposes, such as operating the Roblox service.
If you have any questions about what our Terms of Use say, we recommend that you first read the Terms carefully and then consult with an attorney if you still have questions regarding your legal rights to your creations.
What happens with IP infringement of Roblox items off-platform?
- Roblox cannot detect or take action when items that you create on Roblox are used elsewhere without your permission. Similar to the notice and takedown process for Roblox, you are responsible for finding infringement off-platform and requesting a takedown by the publishers.
Will users who are NOT the IP holder be able to make anonymous copyright infringement reports?
- No. Only the IP rights holder knows what rights they have and who they have given permission to use their creations. Roblox can’t take down an item for potentially infringing someone’s IP until the rights holder files a takedown report letting us know what they believe infringes their rights.
What are the rules and regulations around IP when AI is used in creating avatar items?
- This is a complex topic which the courts are still debating at the highest level. We’ll be compliant with regulations as they’re created. We care deeply about protecting developers’ creativity on the platform and we’re always exploring new ways to do so.
Are there also regulations for users using images of real life people or images off Google Images as items sold in the Marketplace?
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The Roblox Community Standards prohibit sharing certain personal information, regardless of where that information was found. This includes publishing images of yourself or of non-public figures.
This is separate from any rights a famous person may have for use of their likeness on a platform. Using Google Image results in your Roblox content does not necessarily ensure that you are complying with intellectual property laws. If you are unsure about whether your content violates laws or regulations, please consult your own legal counsel.
