What happens if you get DMCA’d for using the Prophet Driller’s face?

Our Prophet Driller is known to protect his privacy rights. Last March, a person on Instagram had two of his posts removed for posting material that violated our Game Content and Brand Usage Rules. He also got a message from us, telling him we have the exclusive right to use his face and/or voice. Just like popular media, our Prophet is protected by copyright as well. His response? He began arguing that Drillimation was abusing the DMCA. It’s interesting to note that this is an example of the Streisand effect (the verb for it would be Streisanded), a term that refers to a person who maliciously uses the DMCA to remove content that cast their products in a negative light. In his rant, he claimed that Drillimation was “curt” in their response.

Everyone who chooses to post photos of their face online is has personality rights, and so do we. What we would be doing may be extreme, and DMCAing stuff can hurt us more than a negative review would. Theoretically, posting these images is a violation of these rights. We are easing up on our Game Content and Brand Usage Rules, though there won’t be much of a change. We understand you don’t want to be portrayed in an out-of-control set of rules. When one person who broke the rules today reviewed it, he thought they were pretty good, but a few are a bit too strict. We will still let users use whatever kind of language in their gameplay videos, but if footage from your video is featured in a compilation from us, expect some beeps to be put over them. Take it when Cinemassacre does videos of indie titles intended for kids. Their fanbase is full of people who come for the vulgarities or the rage their videos are known for. Our fanbase may end up with the same kind of people as well.

As you might expect, any franchise will drive fans to create material using strong language or sexually explicit material, which we never usually allow and will make a few exceptions. Although some fans may be annoyed at this since this does jeopardize their right to free speech and such, content like this quells a niche part of a community around a certain topic. The reason why we don’t allow sexually explicit fanworks is because there are fans who are young and actually take a look at this stuff and we do not want them to be exposed to such material and potentially harm their development.

Have a good day and we’ll take it easy on whatever you create.

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