*CRINGES!!*
and...
Oh jeez....seriously, this is one of the BIGGEST COPYRIGHT MYTHS ON THE PLANET.
2)
"If I don't charge for it, it's not a violation." False. Whether you charge can affect the damages awarded in court, but that's main difference under the law. It's still a violation if you give it away -- and there can still be serious damages if you hurt the commercial value of the property.
10 Big Myths of Copyright Explained
and...
2. If I give credit I don't need permission.
Giving credit means you can look at yourself in the mirror and say you are not a plagiarist. However, merely giving credit is not a defense to copyright infringement which, unlike plagiarism, has legal, not ethical, consequences. Copyright infringement is the unauthorized use of someone else's copyrighted material. By contrast, you can plagiarize material not protected by copyright simply by taking credit for it.
Ten Common Copyright Permission Myths
and...
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Myth #3: It's okay to use anything as long as I’m not making any money off it.[/FONT] [FONT=Arial, Helvetica, sans-serif]
No. The absence of a profit might affect how far a copyright holder decides to go against an infringement, but it does not determine whether the infringement exists. The question is whether you have permission for the use. If you don’t have permission, you’re infringing.
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Myth #5: It’s okay to use anything as long as I give credit[/FONT]
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No. For copyright law, the question is whether you have permission. If you don’t have permission, you’re infringing.
Myth #6: It’s okay to use anything as long as I include the creator’s copyright notice[/FONT]
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No -- unless the copyright notice permits the use you are contemplating. Some electronic newsletters, for example, specifically permit forwarding as long as the copyright notice is included in the forward and kept intact. Likewise, some book copyright notices permit excepting a short amount (usually a specified number of words) for reviews. If a notice grants blanket permission for a specified use, you must follow the requirements of the permission, or else you don’t have permission. And if you don’t have permission, you’re infringing.[/FONT]
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Eight Copyright Myths of the Online World
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"Fair Use" covers
parody and
criticism. Which is why the "Tigger Balboa" would be most likely Fair Use, but using the flat-out image of Tigger is utterly illegal under copyright law. The first is a spoof; the second is merely using a copyrighted image without permission. It gets worse if you sell them as well. (Which is why sites like Zazzle and Cafepress will - and does - delete images which infringe on copyrighted material.)
Seriously guys, using a heart with a picture of Tigger on it IS 100% without a shadow of doubt a violation of copyright. Whether Disney choses to pursue a claim against you or not is their right, but IT IS STILL ILLEGAL.
-m