If a game receives repeated legal complaints, Kongregate may review the situation to determine whether the game or developer account continues to comply with the Game License & Upload Agreement, Developer Content Standards, and applicable law.
Repeated complaints may include:
• DMCA copyright notices
• trademark complaints
• intellectual property disputes
• other legal claims relating to game content
The purpose of this review is to ensure that the Kongregate platform complies with legal obligations while providing developers an opportunity to address issues that arise.
Does a complaint automatically mean my game violated the rules?
No.
Receiving a complaint does not automatically mean that a violation occurred. Complaints are often disputes between parties regarding ownership or use of content.
Kongregate may review the claim and notify the developer so that the developer can evaluate the issue and determine an appropriate response.
What if my game receives multiple DMCA notices?
Under U.S. copyright law, online platforms are expected to maintain policies addressing repeat copyright infringement.
If a developer repeatedly uploads content that is the subject of valid copyright claims, Kongregate may review whether continued distribution of the game or developer account is appropriate under the Game License & Upload Agreement (section 5b - License Termination by Kongregate and/or removal of the Game).
Developers are encouraged to ensure that all content included in their games is properly licensed or owned.
Can developers respond to complaints?
Yes.
Developers may respond to legal notices, including DMCA claims, where applicable. For example:
• correcting or removing disputed content
• replacing assets with properly licensed alternatives
• submitting a DMCA counter-notice if the claim was made in error
Developers should carefully review any notice they receive and determine the most appropriate response.
What can developers do to reduce the risk of legal complaints?
Developers can significantly reduce risk by ensuring that all assets used in their games are properly licensed and documented.
Recommended practices include:
• using original assets created by the developer or their team
• confirming license terms for marketplace assets
• maintaining records of asset licenses and permissions
• reviewing open-source license requirements before using code libraries
What should I do if I receive multiple complaints?
If multiple complaints are received, developers should:
Review the notices carefully.
Verify the source and licensing of any disputed content.
Consider replacing or removing the content if appropriate.
Seek legal advice if the dispute is unclear or complex.
Addressing issues early can help avoid disruption to your game’s availability on the platform.
Where can developers learn more about copyright and platform responsibilities?
Developers can learn more about these topics from the following resources:
U.S. Copyright Office – DMCA Safe Harbor Overview
https://www.copyright.gov/dmca/
Electronic Frontier Foundation – Copyright & DMCA Guide
https://www.eff.org/issues/dmca
Stanford Copyright & Fair Use Center
https://fairuse.stanford.edu/
World Intellectual Property Organization (WIPO)
https://www.wipo.int/
Important note
The information in this FAQ is intended to help developers understand how legal complaints may be handled when distributing games online. It is provided for informational purposes only and does not constitute legal advice.
Developers who receive legal notices should consider consulting a qualified legal professional for advice specific to their situation.
Support
NOTICES | As a Developer, what should I do if I receive a DMCA notice or regulatory request?
STANDARDS | Developer Content Standards
PROHIBITED | What content is prohibited on Kongregate?
DISPUTE | How are disputes resolved?
VIOLATION | How does Kongregate handle Developer content violations?
APPEAL | As a Developer, how do I appeal a content removal or restriction?
ASSETS | How can I safely use third-party assets (art, music, code) in my game?
ASSETS | What license types apply to game assets?
SUPPORT | What is TTR (Time to Resolution)?
DATA | AI & Data Use – Developer Summary
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