Mario Keyring
Posted on Sunday, December 14th, 2008 at 5:49 amWould giving a copyrighted item free with something else breach copyright?
Hey guys again
If I had a copyrighted item (for example a super mario tshirt I made) but gave it away free when a customer buys something else (for example a cheap keyring) . Would this still be illegal as I am giving it away free?
If you have permission to reproduce that image on something, and you give it away, that's legal. Unless you have that permission, though, it's infringement of copyright, and it doesn't matter if you charge for it or not.
Many people think that if they make something that's copyrighted or trademarked, but it's not for profit, that it's legal. No, this isn't true. The thing is, the owner of the copyright is much less likely to sue you for big bucks if you aren't making a profit...though they could, if they wanted to. In any case, a "free gift" that is only given with a purchase is not considered free at all. It's part of a bundle. It's like those packages of candy which say "20% more free", you don't get that 20% without buying the whole package.
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