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Pinned ReplyAdmin(+1)

If you are admitting that you are infringing on copyright then we will ask you to either take the page down or we will have to suspend your account. Additionally, we will have to refund all transactions associated with the sale of the infringing content.

You can avoid issues (generally) by not using copyright characters in your projects. Often those who want to reference a copyrighted character without infringing on it will use a parody or something that shares some qualities but is not that character. For example, instead of Shrek you may have a green ogre of different appearance named Shrak.

Under DMCA we generally do not police content for copyright violation, we assume all uploaders are respecting the rights of others. Only when we receive a report do with go through the DMCA process outlined here: https://itch.io/docs/legal/terms#6-digital-millennium-copyright-act

Since you are admitting to violating copyright outright though, (and on a public forum!) then we do not need any additional evidence to see that you are violating our terms of service and thus your account will be suspended if you do not fix the page.

thank you for your help.

If I simply change the colour of Shrek from green to red and change the name of the game from …Shrek to Shrekh…Would this be helpful and help me to not get sued?

Admin (1 edit)

I am not the copyright owner, I am only sharing what I know about how others may have worked around issues of copyrighted characters. As it stands right now though, you are intentionally violating copyright and trying to profit off of it. That can result in a harsher response from the copyright owner if they decide to take legal action. I suggest you update the page as soon as you can, or take it down in the meantime.

Thank you for your support, I’ll try to update the game as soon as possible to prevent any problems.