HawkFanNC":4j5r83ev said:
Technically, this is incorrect. The copyright holder has the exclusive right to control, among other thing, the use, copying and dissemination of the original work. Whether you are just doing it for yourself or giving it away is largely immaterial as to whether or not you are infringing. Now, the copyright holder might decide it is not worth the cost and effort to go after a non-commercial infringer, but that is another issue.
Correct. NFL Properties came after me several times for my use of the trademarked name "Seahawks" in my domain names (Seahawks98.com, Seahawks99.com and Seahawks.NET). However, Internet Law was so new and fringe, even their bazillion lawyers couldn't really do much since I legally registered the domains and the domains themselves are their own legal entities belonging to the person(s) who legally obtained them. Eventually they backed off, I'm sure in part because I was someone promoting their product and not profiting off of it in any way.
That all changed when I created my own version of the Seahawks logo and began selling "Got Galloway?" t-shirts. Even though the logo was not a carbon copy, it was close enough to be called "dilution of logo" and by selling t-shirts - I had entered an unfavorable position without any recourse but to "Seize and desist" the marketing, selling and distribution of said shirts which I did.
To be clear, any time you are creating/distributing trademarked/copyrighted product/material or likeness of something - for free or for profit - the legal owners of those items have every right to come down on you as hard as they wish legally.