So i have this ball with a Nike logo, and with the drama with Nike assets/clothing in the past two years or something like that, will my game be taken down for this? I have done some research on this and have found no articles on it. (note: i have heard of the recent nike events on roblox.)
It could. Roblox respects trademarks and copyright, so there is a possibility you could end up in legal trouble, but the most that would happen is probably a C&D or dmca, if anything.
When the Nike’s Partnership/Sponsorship with Roblox is done, I’m assuming it will get taken down for copyright since all the contracts for the event expire when the event ends.
In other words, I don’t think you should because when the event ends, there’s a huge risk increase in copyright infringement.
Nike might not be as generous with as Netflix was with Squid Game copies.
i get what your saying, but there is a game called rsu that has mutiple nike assets in their game, but they never got taken down. also if you search “mps balls” in the models tab, you will find tons of nike balls with no action taken against the uploaders (here is the game: (3) [Alpha] Rsu - Roblox Soccer Universe - Roblox) i also added nike into one of my other games and its been there for months, but i dont wanna risk my game
Your experience will only get taken down if it makes money off the assets. (Well, enough money for Nike to notice the experience.
If it doesn’t, then your experience will fall under Fair Use since you aren’t making profit off their products.
If you’re using their assets without their permission and making profit out of it, then yes. Its highly likely that your experience with get taken down.
Also, how many concurrent people play your experience daily, or is it still private?
it has 1-4 players a day, with around 2k visits, with 0 robux profits
That won’t get taken down since you’re making no Robux out of it.
Once you make profit out of it though, you’re in trouble.
what about premium payouts? does it fall under fair use?
Unfortunately, no. It does not fall under Fair Use since you’re still making Robux out of it.
By the way, when I say all of this, I’m assuming that you’re going to DevEx all the Robux you make if this experience becomes a hit when I say this.
i wont devex anything if the game becomes a hit, because im scared of copyright
i would doubt roblox would take legal action, unless i use the same assets over and over again and make accounts for uploading nike assets
If you aren’t going to DevEx the robux, you should be good. Make sure that NO ONE only makes real life money off the experience, or else you’re in trouble.
I hope this helped
FWIW: obligatory IANAL but technically it’s not fair use and not monetising the product doesn’t mean you’re allowed to use someone else’s IP. You aren’t doing anything transformative to the original work, just reuploading their IP. That’s still unpermissive use. You should read the fine point licensing of each IP you want to use in your game or what actually qualifies as fair use.
Steven’s post provides the correct circumstances. Roblox does not police content and assumes positively that you are allowed to use the work you upload, but if at any point the IP holder requests that your content be removed it will accordingly be removed. The current solution (at time of posting, post #5) provides inaccurate information.