This link has been bookmarked by 49 people . It was first bookmarked on 03 Aug 2006, by Bren.
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08 Feb 13
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It is not okay to use a recent work just because it doesn't have a copyright notice. If the work is recent, it doesn't have to have a copyright notice. No notice is required for works published since 1978; under current law, the copyright attaches to a work as soon as it is set in tangible form.
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The absence of a profit might affect how far a copyright holder decides to go against an infringement, but it does not determine whether the infringement exists. The question is whether you have permission for the use. If you don't have permission, you're infringing.
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Do not assume that you are free to use the work if you can't locate the copyright holder. Elusiveness is not an excuse, if the copyright is still in effect. "I can't find the owner" is not an excuse a court is going to accept. Proceed at your risk.
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Silence does not equal consent in this situation. In fact, silence makes things worse for you. If you use a copyrighted work after requesting and not getting permission, you are knowingly infringing on the copyright, which ups the penalties if the holder decides to take action against you.
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