Not talking about meshes directly imported from actual games, but rather those built from bricks or roblox meshes.
examples:
THESE ARE NOT MY BUILDS, CREDIT TO WHOEVER MADE THEM
Just wondering, is it not allowed to even recreate something w/ bricks from an IP and publish as a model for the library?
IANAL, but as far as I know, this is a violation as you’re still using their branding and intellectual property, which you’re not allowed to do. You would be allowed to redesign the character and give it a different name though, assuming there’s no reference to the game it’s based on, as that would then be considered inspiration.
That would depend on the context. If these works are created under fair use, (In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work) then I do not believe it would violate anything. However, if it is used within a game that is monetized, or does not fall under fair use, then yes it would violate DMCA.
These are from old pokemon games before they were taken down for the same reason brick bronze was, so they are just left over artifacts of those games in peoples’ inventories. Now I’m wondering if they need to be included as well in the asset removal email.
Here’s what the (U.S.) law says. Since it says it doesn’t extend to an idea, aka what the Pokémon generally look like, you should be fine, as long as it’s not a ripped asset or referred to by the same name as in Pokémon.
Edit: I’m not a lawyer, so I could be wrong about this. You might want to be careful anyway, and try to recolor the Pokémon or something like that to make them less recognizable.
I’ve said this multiple times:
This is part of the reason why there’s so much confusion around IP on the dev forums. This has been discussed multiple times and you should use the search function to find more info.
If these models are Pokemon - even recreated using other mediums, then yes they’re obviously infringing on an IP (and thus can receive a DMCA take down request). It doesn’t matter if you’re profiting or not. Whether or not the IP owner cares is a separate issue. Infringing on IP is still infringing even if the owners don’t care.
This is really all you have to remember.
Though if you want to get more complicated, there is the grey area if, as K-iyo confusingly added (since OP says these are Pokemon, not parodies) - if you make substantial changes (ie, more than recolouring the mesh) then there’s still a chance it can get flagged… or not. Because it’s on a case-by-case basis. You could then argue it’s “based off of” Pokemon, but that’s still a pain in the ass legal battle that’s better to avoid, and Roblox would sooner just delete your asset.
Most threads about DMCA were about meshes themselves or decals from IP’s content, not really answering my question w/ being unsure if it could be applied to those built using bricks, hence the creation of the post. I was unsure if since using the medium it wouldn’t count under IP infringement. This is in response to the soon new enforcement of IP infringement and simply making sure in the future.
This could be also applied to works that copy copyrighted architectural/ sculptural work as well, which some builds people have made might infringe.
Building it with bricks or building it in a mesh program makes no difference legally. If you are using substantial parts of the design, which you are doing here, it is infringement.
