(also, because it can be hard to tell online, I am not being sarcastic. I am genuinely curious)
I have seen many cases of projects based around things like Mario, which I believe (though I am not certain due to me being a child and not knowing the full extent of such laws) are copyrighted (I think this is how you say that). this sparked some curiosity, and I was wondering: to what extent do similar laws affect scratch.

Any copyright holder can submit a DMCA take down request. When the ST sees these requests, they will usually take down the project assuming the copyright holder is who they say they are. The creator of the project can file a dispute if they want, which is basically an argument against this takedown claiming why their project was OK.

ScolderCreations wrote:

Any copyright holder can submit a DMCA take down request. When the ST sees these requests, they will usually take down the project assuming the copyright holder is who they say they are. The creator of the project can file a dispute if they want, which is basically an argument against this takedown claiming why their project was OK.

This is correct to my understanding.

As far as I know, Nintendo has never submitted a DMCA takedown request for projects which use Mario characters. They are able to do so if they really want to, but if they see Scratch projects using Mario characters and choose not to do anything about it, then no problems will happen there.

I might say this wrong, but using copyrighted material for Scratch projects tends to fall under “Fair Use.” The “Fair Use” doctrine states that using copyrighted material can be used, even without permission, provided that you are using it in some sort of clear educational context. Since Scratch is primarily an educational website (teaching kids how to code), Scratchers are “allowed” to use this copyrighted material in their projects.

I say “allowed” in quotes precisely due to the aforementioned DMCA takedown process. The Scratch Team usually honors these takedown requests. In the Scratch Team's eyes, it is the Scratcher's sole responsibility to determine whether or not they have the right to use a bit of copyrighted material. So, if a Scratcher uses copyrighted material which they don't own, the Scratch Team won't usually take action against it, but then the Scratcher risks a DMCA takedown request (which the Scratch Team will honor).

The only 100% surefire way to avoid DMCA takedown requests is to only use your own work when you make your projects. (You could use other Scratchers' work as well, of course, per the Scratch Team's remixing policy — but maybe you'd want to make sure that they created those assets themselves.)

That being said, for some things like Mario, historically Scratchers have been fine when making projects with Mario in it. So if you make a Mario project, you'll probably be okay. There is still the risk of a DMCA takedown request, but I find it extremely unlikely, since it seems like these projects are not being taken down.

Za-Chary wrote:

ScolderCreations wrote:

Any copyright holder can submit a DMCA take down request. When the ST sees these requests, they will usually take down the project assuming the copyright holder is who they say they are. The creator of the project can file a dispute if they want, which is basically an argument against this takedown claiming why their project was OK.

This is correct to my understanding.

As far as I know, Nintendo has never submitted a DMCA takedown request for projects which use Mario characters. They are able to do so if they really want to, but if they see Scratch projects using Mario characters and choose not to do anything about it, then no problems will happen there.

I might say this wrong, but using copyrighted material for Scratch projects tends to fall under “Fair Use.” The “Fair Use” doctrine states that using copyrighted material can be used, even without permission, provided that you are using it in some sort of clear educational context. Since Scratch is primarily an educational website (teaching kids how to code), Scratchers are “allowed” to use this copyrighted material in their projects.

I say “allowed” in quotes precisely due to the aforementioned DMCA takedown process. The Scratch Team usually honors these takedown requests. In the Scratch Team's eyes, it is the Scratcher's sole responsibility to determine whether or not they have the right to use a bit of copyrighted material. So, if a Scratcher uses copyrighted material which they don't own, the Scratch Team won't usually take action against it, but then the Scratcher risks a DMCA takedown request (which the Scratch Team will honor).

The only 100% surefire way to avoid DMCA takedown requests is to only use your own work when you make your projects. (You could use other Scratchers' work as well, of course, per the Scratch Team's remixing policy — but maybe you'd want to make sure that they created those assets themselves.)

That being said, for some things like Mario, historically Scratchers have been fine when making projects with Mario in it. So if you make a Mario project, you'll probably be okay. There is still the risk of a DMCA takedown request, but I find it extremely unlikely, since it seems like these projects are not being taken down.

ok, thank you

It happened to a pacman project in 1.0 or 2.0

I made a scratch game and advertised it in doscord. Am i allowed to do that?

areg0 wrote:

I made a scratch game and advertised it on social media. Am I allowed to do that?

I would tell you to make your own topic but I wouldn't. I'm sure you can fine, but don't do the other way around

areg0 wrote:

(#6)
I made a scratch game and advertised it in -. Am i allowed to do that?

If you don't do it the other way around, its fine. Scratch only disallows linking to other social medias for safety reasons - if you're already on that social media, there's no problem. (Also, in the future, please make your own topic)

oh ok

Will my game get removed for containing copyrighted my singing monsters characters? I credited the creators, but the link I advertised in discird was turbowarp, not scratch. Will the creators take down my game?