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submitted 2 years ago by Crul@lemm.ee to c/comicstrips@lemmy.world
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[-] tal@lemmy.today 6 points 2 years ago* (last edited 2 years ago)

Copyright violations are not dependent on profit. Profit just makes it easier to calculate damages.

Ehhh....sort of.

You're right to the extent that it's not a straight "copyright infringement requires that the infringer profit", but in US copyright law:

First, the copyright holder can take profits that are made by the infringer:

https://www.law.cornell.edu/uscode/text/17/504

(b) Actual Damages and Profits.—

The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

Second, some forms of fair use -- which permit use of copyrighted material -- do take into account whether someone was aiming to make money from it (though it's not a "all noncommercial use is fair game" sort of thing):

https://en.wikipedia.org/wiki/Fair_use

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
this post was submitted on 19 Dec 2023
1058 points (100.0% liked)

Comic Strips

23521 readers
1773 users here now

Comic Strips is a community for those who love comic stories.

Rules
  1. 😇 Be Nice!

    • Treat others with respect and dignity. Friendly banter is okay, as long as it is mutual; keyword: friendly.
  2. 🏘️ Community Standards

    • Comics should be a full story, from start to finish, in one post.
    • Posts should be safe and enjoyable by the majority of community members, both here on lemmy.world and other instances.
    • Any comic that would qualify as raunchy, lewd, or otherwise draw unwanted attention by nosy coworkers, spouses, or family members should be tagged as NSFW.
    • Moderators have final say on what and what does not qualify as appropriate. Use common sense, and if need be, err on the side of caution.
  3. 🧬 Keep it Real

    • Comics should be made and posted by real human beans, not by automated means like bots or AI. This is not the community for that sort of thing.
  4. 📽️ Credit Where Credit is Due

    • Comics should include the original attribution to the artist(s) involved, and be unmodified. Bonus points if you include a link back to their website. When in doubt, use a reverse image search to try to find the original version. Repeat offenders will have their posts removed, be temporarily banned from posting, or if all else fails, be permanently banned from posting.
    • Attributions include, but are not limited to, watermarks, links, or other text or imagery that artists add to their comics to use for identification purposes. If you find a comic without any such markings, it would be a good idea to see if you can find an original version. If one cannot be found, say so and ask the community for help!
  5. 📋 Post Formatting

    • Post an image, gallery, or link to a specific comic hosted on another site; e.g., the author's website.
    • Meta posts about the community should be tagged with [Meta] either at the beginning or the end of the post title.
    • When linking to a comic hosted on another site, ensure the link is to the comic itself and not just to the website; e.g.,
      ✅ Correct: https://xkcd.com/386/
      ❌ Incorrect: https://xkcd.com/
  6. 📬 Post Frequency/SPAM

    • Each user (regardless of instance) may post up to five (5 🖐) comics a day. This can be any combination of personal comics you have written yourself, or other author's comics. Any comics exceeding five (5 🖐) will be removed.
  7. 🏴‍☠️ Internationalization (i18n)

    • Non-English posts are welcome. Please tag the post title with the original language, and include an English translation in the body of the post; e.g.,
      Sí, por favor [Spanish/Español]
  8. 🍿 Moderation

    • We are human, just like most everybody else on Lemmy. If you feel a moderation decision was made in error, you are welcome to reach out to anybody on the moderation team for clarification. Keep in mind that moderation decisions may be final.
    • When reporting posts and/or comments, quote which rule is being broken, and why you feel it broke the rules.
Banned Artists

The following artists are banned from the community.

  1. Jago
  2. Stonetoss

It should be noted that when you make reports, it is your responsibility to provide rational reasoning why something should be removed. Saying it simply breaks community rules is not always good enough.

Web Accessibility

Note: This is not a rule, but a helpful suggestion.

When posting images, you should strive to add alt-text for screen readers to use to describe the image you're posting:

Another helpful thing to do is to provide a transcription of the text in your images, as well as brief descriptions of what's going on. (example)

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