Yeaaaah...
Sadly, a 3D game takes a lot more time and effort to make than a 2D one, and I imagine the devs' Patreon is how they're going to afford not just living, but also commissioning assets for the game.
Realistically they don't *need* to commission 3D models or even make new custom ones as there are plenty free one's that already exist.
Granted it's understandable for a dev to want a set unique style for their game. And given mobile limitations there's both a texture red & poly count max regarding model quality.
Imo it'd be better to just give users more parts to work with on a Base default model. Different tails, ears & adding horns would create a significant amount of potential combinations.
If you don't have specific characters & simply have lots of parts that allow users to create the characters they want, you can't really get DMCA for that.