One of the most common questions related to intellectual property is, “If I don’t charge for (some infringing use like copying characters or whatever) it’s okay, right?”
No, it is not okay.
Here’s an easy way to think about whether giving things away is going to help you when you’re using somebody else’s intellectual property:
Mostly, whether or not you made any money is relevant to calculating damages* and if you’re calculating damages it means YOU’VE ALREADY LOST THE CASE. So just ask yourself: “Do I want to be on the losing side of a case filed by a multbillion-dollar company?” Then proceed accordingly.
*It can be relevant to a Fair Use defense, but again, that’s a defense. If you’re using a defense, it means you have already conceded that your use was, absent the defense, infringing. That’s not a good place to be when, again, your opponent may be a multibillion-dollar company which spends more every year on coffee for lawyers than you’ll make in your whole life.
Published by
Marc Whipple
I'm from Iowa: I only work in cyberspace. :)
But seriously, if you are looking for a blurb for a panel or other event, here's a suggested bio.
Marc Whipple grew up in Iowa and has a degree in Physics and Math from Drake University. After receiving his J.D. from John Marshall, he became the General Counsel for Meyer/Glass Design, a Chicago invention studio descended from the legendary innovation firm Marvin Glass & Associates. When Meyer/Glass started an interactive division, he helped set up, grow, and eventually spin off the software studio.
After his work at Meyer/Glass, he became the General Counsel of Incredible Technologies, Inc., and helped it take its first steps into regulated casino gaming as well as providing legal support for its famous GOLDEN TEE video golf worldwide tournament network.
Marc is now Of Counsel to Crawford Intellectual Property, LLC, based in Barrington, IL. He provides experienced support for patent, trademark, copyright, and technology issues as well as advising creatives at every level from startup to established studio. Marc is licensed to practice law in the state of Illinois and before the United States Patent and Trademark Office as a Registered Patent Practitioner.
View all posts by Marc Whipple
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