Is it okay to use copyrighted or trademarked images/designs/music etc if no money is gained?

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Is it okay to use copyrighted or trademarked images/designs/music etc if no money is gained?

Say for instance, if an individual were making a music video, video game, or
comic book. And in that creation, they used an exact replication of another music
video, game, or comic book. A music video to a song that already exists, a game
that uses Pokemon and Pokeballs, or a comic that features Batman. In these
instances, as long as the creator is not collecting income from the created
source, is it legal?

Asked on October 13, 2019 under Business Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is not legal. Copyright is the ability to control ALL uses of the copyrighted material, including its incorporation into another creative work, or the creation of derivative, adapted, etc. works based on it. No one else can use the copyrighted material, even if they do not "gain" money or "collect income" based on it.


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