NOTICES | As a Developer, what should I do if I receive a DMCA notice or regulatory request? – Developer Portal - Support

The information provided in this FAQ is intended to help developers understand common legal notices that may arise when distributing games online. These may include copyright related issues (such as a Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”) notice), allegations of trademark infringements, harmful content, privacy or data regulatory violations, or similar. These notices may come from individuals, companies, legal representatives asserting legal rights or Governmental agencies. This page is provided for informational purposes only and does not constitute legal advice.

Developers can reduce the likelihood of legal notices by:

• using original assets whenever possible
• maintaining records of licenses for third-party assets (including AI generated content)
• verifying that asset marketplace licenses allow commercial use (including AI tools and resulting content)
• reviewing open-source license obligations before using code libraries

Developers who receive legal notices should consider consulting a qualified legal professional to understand their rights and obligations.

Review the quick reference below, and also the detailed notes that follow.

What happens if my game receives a legal notice?

If your Game or Game Materials are the subject of an intellectual property complaint, Kongregate may restrict or remove access to the content in accordance with applicable law, the Game License & Upload Agreement, the Content Standards, the Intellectual Property Infringement / DMCA Takedown Process, and the Developer Moderation & Enforcement Policy.

The purpose of this process is to allow claims to be reviewed while protecting the rights of all parties.

Why was my game removed or restricted?

Kongregate may take action after receiving a valid infringement notice (e.g., a DMCA notice) from a rights holder or their authorized agent alleging that your content infringes their intellectual property.

What should I do if I receive a legal notice?

If you receive a notice, you should:

Carefully review the claim to understand what type of notice it is (see below for examples), what content is being alleged to infringe, or what violation is being claimed.
Determine whether the claim may be valid, including whether you have the rights or license to use the material affected, or if your game is in violation.
Notify Kongregate immediately via the developer support channel (developers@kongregate.com) (unless the notice came from Kongregate - in which case follow instructions in the notice). Kongregate may assist in reviewing and responding, but you remain responsible for compliance.
Retain records of communications and your actions, such as any removals.
Consider your response options, which may include removing the material, replacing it, or responding with a counter-notice or request for more information if you believe the claim is incorrect.

Developers remain responsible for the intellectual property and regulatory compliance as specified in the Game License & Upload Agreement. Developers should consider consulting a qualified legal professional to understand their rights and obligations.

DMCA notice

Scenario	What It Means	Suggested Developer Actions
DMCA Copyright Notice	A copyright holder claims that content in your game (such as artwork, music, code, or text) infringes their copyright.	• Review the claim carefully. • Verify whether you own or have a license to the content. • If the claim may be valid, consider removing or replacing the content. • If you believe the claim was made in error, you may consider submitting a DMCA counter-notice.

A DMCA notice (Digital Millennium Copyright Act notice) is a legal request submitted by a copyright holder claiming that content available online infringes their copyright.

If a copyright owner believes that material in your game or game listing (for example artwork, music, code, or text) infringes their copyright, they may send a DMCA takedown notice requesting that the content be removed or disabled.

Under U.S. law, online platforms like Kongregate are required to respond to valid DMCA notices by reviewing the claim and, where appropriate, disabling access to the reported content. See a summary of our process here: PROCESS | Kongregate's Intellectual Property Infringement / DMCA Takedown Process

What is a DMCA counter-notice?

If you believe the content was removed due to mistake or misidentification, you may submit a counter-notice.

A valid counter-notice must:

• include your name, address, and telephone number
• include a statement under penalty of perjury that you believe the removal was a mistake or misidentification
• include your consent to the jurisdiction of the appropriate federal court
• include your signature

Because a counter-notice has legal consequences, developers should consider seeking legal advice before submitting one.

If Kongregate receives a valid counter-notice:

• it will be shared with the original complainant
• Kongregate may restore the content between 10 and 14 business days after receiving the counter-notice

However, restoration may be delayed if the complainant notifies Kongregate that they have filed a legal action seeking to prevent the content from being restored.

Will my content automatically be restored?

No. Restoration depends on:

• submission of a valid counter-notice
• whether the complainant files a legal action within the required timeframe

Can my account be affected?

Yes. Repeated or serious violations of the Content Standards or intellectual property policies may result in additional enforcement actions under the Developer Moderation & Enforcement Policy, including suspension or termination.

How can I avoid DMCA issues?

Developers should ensure that all content included in their games is used legally. This typically means:

• using original content you created
• using content that is properly licensed
• confirming the terms of any asset marketplaces or third-party libraries, including AI generated content
• ensuring music, artwork, and code are cleared for commercial use

Developers remain responsible for the intellectual property and regulatory compliance as specified in the Game License & Upload Agreement.

Resources

Developers can learn more about DMCA notices and counter-notices from the following resources:

• U.S. Copyright Office – DMCA Overview
https://www.copyright.gov/dmca/

• U.S. Copyright Office – Takedown Notices and Counter Notices
https://www.copyright.gov/512/

• Electronic Frontier Foundation (EFF) – DMCA Guide
https://www.eff.org/issues/dmca

• Stanford Copyright & Fair Use Center – DMCA Safe Harbor Guide
https://fairuse.stanford.edu/overview/dmca/

These resources explain the legal framework and developer rights when responding to copyright claims.

Trademark infringement notices

Scenario	What It Means	Suggested Developer Actions
Trademark Complaint	A company or individual claims that your game name, branding, or logo may infringe or cause confusion with their trademark.	• Review the claim and the trademark involved. • Consider whether the game title or branding could create confusion. • You may choose to modify the branding or seek legal advice if the claim is unclear.

A trademark owner may claim that a game name, logo, or branding is confusingly similar to their trademark.

These notices typically request that the developer:

• change the game title
• remove or modify branding
• stop using a particular mark

Developers should review whether the mark is registered and whether the use may create confusion with an existing brand.

Resources

• United States Patent and Trademark Office (USPTO)
https://www.uspto.gov/trademarks

• World Intellectual Property Organization (WIPO) Trademark Resources
https://www.wipo.int/trademarks/

Copyright licensing disputes

Scenario	What It Means	Suggested Developer Actions
Copyright Licensing Dispute	A party claims that an asset (music, artwork, code, etc.) was used outside the scope of its license.	• Review the license terms for the asset. • Confirm whether the license allows the use you made of the asset. • Replace or remove the asset if necessary.

Sometimes copyright holders may send direct copyright complaints rather than formal DMCA notices. These may claim that:

• music or artwork was used without permission
• licensed assets were used outside their license terms
• open-source code licenses were violated

Developers should review the licensing terms for any third-party assets used in their games.

Resources

• Creative Commons Licensing Guide
https://creativecommons.org/licenses/

• Open Source Initiative License Information
https://opensource.org/licenses

Right of publicity or personality claims

Scenario	What It Means	Suggested Developer Actions
Right of Publicity Claim	A person claims that their name, likeness, or identity is used in your game without permission.	• Review the content in question. • Consider whether the character or content is identifiable as a real person. • Consider modifying or removing the content if appropriate.

A person (or their legal representative) may claim that their name, likeness, or identity was used in a game without permission.

These claims may relate to:

• characters based on real individuals
• use of photographs or voice recordings
• identifiable likenesses in artwork

These claims are governed by right of publicity laws, which vary by jurisdiction.

Resources

• Digital Media Law Project – Right of Publicity Guide
https://www.dmlp.org/legal-guide/right-publicity

Defamation or harmful content complaints

Scenario	What It Means	Suggested Developer Actions
Defamation or Harmful Content Complaint	A person claims that the game contains content that harms their reputation or portrays them negatively.	• Review the content referenced in the complaint. • Consider whether the claim relates to identifiable individuals or factual statements. • Seek legal advice if the situation is complex.

Occasionally developers may receive complaints that a game contains statements or content that harm an individual's reputation.

These claims are fact-specific and governed by local law.

Developers should review the content involved and may wish to seek legal advice.

Resources

• Cornell Legal Information Institute – Defamation Law Overview
https://www.law.cornell.edu/wex/defamation