This should be on the uploader getting for uploading a bad item. A little while ago one of my friends uploaded a shoulder pal of my avatar to my group, completely unknown to me, and I got 3 DMCA threats and one actual request. Why was I the one to get the strike? I hold the group, but I had nothing to do with the item. I had never edited it, touched it, uploaded it, etc. I had just bought it. This really needs a rework and the uploader should always be responsible.
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Or you could take the initiative and take down obvious copyright violations ahead of time, before another lawsuit happens. Items like the following are clearly violations, yet you’re content to wait around and not do anything.
Worst part about your statement? You went after copyright violations in the past without waiting for the IP holders to notify you. We all saw it happen, and within minutes or hours after the upload.
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If you read the post, you’d know that they can’t do it
Is this something that you can back up? If that is the case, Roblox broke the law.
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What if you were to used marketplace hats and accessories for your game? Specifically what if you were to use them in places such as a “Character Creator”?
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Ah I see now, my mistake! Thanks for clearing that up for me!
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It’s really helpful for Roblox to provide this information for all creators on the platform in an easy-to-understand manner. I have seen a lot of posts of confusion about how Roblox deals with IP and why Roblox doesn’t just “eradicate all copyright infringing content” (because they can’t assume it is infringing, and neither can you, because you don’t know if the uploader has permission).
I do have to point out though - with increased interests in respecting and protecting the IP of both third parties and Roblox creators, I think we would all also appreciate support from Roblox for us to deal with our own assets as we cannot delete them and archival is not enough. Roblox originally had a support line so we could have support delete assets uploaded by us that we’ve deemed or been alerted are not used on permissive grounds, but it has been non-responsive for over 2 years.
My post about that, as well as a feature request about leniency on account moderation action when dealing with copyright violations, is here. I have a second post there as well when I attempted to file it through support instead and they were unwilling to help me delete content that I can’t delete myself, leaving me liable to potential moderation against assets uploaded years ago due to their failure to handle my ticket in an appropriate manner.
ETA: For the post above mentioning near-instant violation deletions, they likely already had a notice submitted prior from a rights holder to issue those deletions. New violations that aren’t being “deleted” do not have that notice, and it is not obvious. The post already explains they can’t assume anything. Roblox can’t assume an uploader doesn’t have permission and you can’t assume that either nor if Roblox has already received a takedown notice about a certain asset.
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Yep. Back in 2021, a Roblox YouTuber by the name of PliqueYT uploaded an accessory called Anime Alter Sword. It was literally just Excalibur Alter, from the Fate/stay night franchise, and was swiftly deleted for copyright violation, something the user mentioned on his twitter and group, before deleting the posts.
There was no time for Type-Moon, the company that holds the IP, to have contacted Roblox during that time, as it was deleted very quickly.
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As someone who specializes in IP and helping small creators get setup with managing their own IP, this post is extremely helpful to those who are new to the platform and IP in general. I’m excited to see the new tools in the next few quarters to better manage and track the DMCA takedown requests.
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Well you claim that but this could’ve easily still happened. A lot of major companies employ dedicated copyright agents who are paid to scour the internet in search of anything that can be related to their IP and fine notices if needed. They either came about this on accident or were in the middle of filling claims against someone else and they got hit with it.
Assuming that Roblox follows the law for one thing when they can go after some random IP instead of the big ones like Minecraft and Zelda pokes a lot of holes in your logic.
Unless you’re the copyright agent for that IP, I recommend not speculating.
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ok, now clean the Marketplace…
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Great post, provides plenty of information.
Hopefully this will also reduce the amount of stolen/copied assets on the marketplace because if you’ve seen or read this then ignorance is no excuse for infringement or stolen work.
Let’s hope this proves useful, thanks for this post.
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In answer to your question
In the post, it states only the rights holder or their authorized representative can report content that infringes on their IP rights, does this mean if a report is not submitted, the work will remain up?
ROBLOX themselves or whatever service you are using do not have the legal standing to determine who is infringing of a copyright unless the original owner or rights holder contacts them. Until the service that the infringing item is posted on is notified, it is generally classified as any other asset. Only when a report is made and reviewed by the copyright agent of said service then does it become a possibility for it to be removed, including (possibly) future similar items depending on the service.
Generally speaking, almost all websites that offer user-posted media follow this guideline. As far as I am aware it isn’t outlined within the DMCA act that the service is responsible for infringing content until it is reported as an illegal/infringing copy by the original rights holder or a representative.
This is just based off of my knowledge on the subject, if you are more interested in it I would definitely check out some articles on DMCA and what it protects, and how the services are held responsible after a claim is created.
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Well then there should be licenses with your IP as much others do, stating the uses of services to distributed IPs. This means that any distributable asset will be attached with its corresponding license, which can then be server checked in order to see whether it matches or doesnt match the license requirements. The roblox ecosystem is simply far too large for people to be aware when a singular person snatches their asset. It’s extremely easy for someone’s assets (especially UGC) to be stolen and unrightfully used, with this current system of management; copying is something which will happen to no extent, it is something up to the general empathy and respect of other developers.
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To be honest, I would say the shield designs are just different enough to not be IP infringement.
It’s clearly made in a similar style as Zelda, but styles can’t be owned or copyrighted, only unique designs.
Just compare the symbols and little thingies on the shield, doesn’t even look remotely similar.
Just the style is similar, but it’s a different design.
The swords I’m unsure of though because I can’t recall from memory how the original looked.
But the shields are fine Imo.
I would almost say they’re either parody or heavily inspired designs.
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Will users who are NOT the IP holder be able to make anonymous copyright infringement reports? There are HUNDREDS of items clearly and obviously infringing upon copyright in UGC. There is absolutely nothing being done about it. It doesn’t take much to prove this either. Here is an example:
This character is Pom-Pom from Honkai: Star Rail by Hoyoverse / Mihoyo
These assets violate the terms stated. These aren’t ripped directly from Honkai: Star Rail, however the assets aren’t unique and are just a mirror copy of what’s present in the game. This isn’t the only instance of IP infringement for this specific game. This is not limited to only Honkai: Star Rail but other games, anime, etc.
On a different note. What are the rules and regulations for AI use on the UGC market? There have been quite a few assets recently surfacing which are clearly using AI generated content.
Are there also regulations for users using images of real life people or images off Google Images?
I don’t believe its fair nor legal to allow UGC creators to profit off other people’s IP, real life identity, AI generated content, or random images off the internet. I don’t like the approach of letting the fire burn and then putting it out only when someone finally notices it. Not all IP holders will catch wind of their IP being illegally profited off of. But by the time they do catch wind it may be too late. Even if you Roblox take down an asset believed to be infringing on copyright. If they were given permission by the IP holder they can provide you with that documentation can they not?
If this is what Roblox UGC is heading towards then I don’t support it. UGC creators that exhibit this type of behavior should not be allowed in the program. This is very unfair and damaging to genuine UGC creators. There are people who put their time and effort into creating original and unique assets.
But this is getting to a point where its bringing up the question of if UGC creators should even put in the effort to make original content? Why go through that effort if you can just take someone else’s IP and just easily profit off its popularity? It’s also evident that you Roblox you will do nothing about it unless it gets a DMCA request, which is very unlikely. Why should a UGC creator make original art if you can just take it off Google Images or AI generate it in minutes? Is this the type of behavior you want to promote on UGC Roblox?
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No. It’s illegal to do so. It’s stated in the post itself (ironically you quote the part too)
You can, however, send anonymous tips to the IP holders and if they care enough, they’ll contact Roblox. This is the only way you can indirectly get an asset taken down.
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I do agree with the licensing, and I’m hoping that the new tools that were mentioned to be coming help with this. Something such as a reverse image search would be helpful for 2D clothing assets as they rely on static images behind the scenes. A system like YouTube’s ContentID would be a great addition in helping with the IP problem.
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I wish man, yet Roblox is far too secretive when it comes to updates.
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It’s my bad for not clarifying, I didn’t mean a DMCA request when saying “anonymous copyright infringement reports.” When Roblox is talking about the legal process they are referring to the legal process of a DMCA request. If someone requests a DMCA other than the IP holder or representative and Roblox takes it down that would be illegal. But would it be illegal to inform Roblox of assets infringing upon copyright? It wouldn’t be a DMCA but more red flag for Roblox. UGC Policy states that you can “Only sell items that you have permission to sell. if you are not the original creator or owner of the IP, you must have permission from the IP owner to sell their content or inspired content.”
So, lets say an asset is reported to Roblox with sufficient evidence of infringing on copyright similar to this:
I feel like this would be sufficient enough evidence for Roblox to investigate. Roblox can conclude they do not own the IP. Can Roblox not ask the UGC creator for proof of permission from IP owner which they should have as stated in the UGC Policy? It is stated they MUST have permission to sell an item that’s not their IP. If the UGC Creator fails to provide proof of that permission can Roblox not take down the asset as violation of their UGC Policy?
There could also be new policies put in place to enforce this further. When a user uploads an asset they must specify if its their original creation or someone else’s IP. If they fail to accurately provide that information then the asset will be taken down due to violating ToS/Policies. If they do claim its someone else’s IP then they must provide proof of permission before selling.
Then again I am not a lawyer nor do I know the all law nooks and crannies. So my suggestion might still be illegal, I’m not sure haha. But I’m sure Roblox has control over what items they want to allow on their platform. As well as allowed to legally enforce their ToS/Policies.
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This would provide UGC creators more valuable information on DMCA takedowns, so thanks to Roblox for sharing this!
I’m still concerned about copies which go off-platform. It might be harder for the original IP holder to be notified, depending on the circumstances.
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