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Joined 1 year ago
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Cake day: November 27th, 2023

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  • Practically or legally speaking there isn’t a restriction of creativity. Its a restriction on the ability to profit from that creativity or negatively affect the profits of the rights holder with your work using their name.

    Would that this were true, but if you disseminate work that contains a copyright violation, the copyright holder can absolutely come after you for copyright infringement, regardless of whether you gave your work away for free. Damages are based not on your profit but on an estimate of lost profit on the part of the copyright holder. For instance, if you make your own great Mario game and everyone plays it for free, Nintendo can expect to sell fewer games.

    The only way to ensure you won’t run afoul of copyright laws when using unlicensed protected material (outside of fair use) is if you keep your work private. Not because it’s allowed, but because they can’t punish you if they don’t know you broke the rule.