You can use it if you do "NOT" get any $$$$$$ for a copyright image or story.
I did Photography and all of my images were under copyright protection. When I sold Photographs at the Art League or any show, they owned the picture but could not re-sell the image but were free to copy for their own personal use. Same with wedding pictures.
It is no different for news or magazine articles as long as it is "NOT" for commerce.
When I did sell "MY" images to a Magazine I made certain that my name was used with the image a article.
It is a sticky & tricky area and just do not get caught selling a persons copyrighted material for $$$$$$$$$$$$$$$$$$$$$
Ronnie
This is absolutely incorrect.
Copyright and trademark infringements have NOTHING to do with whether the infringer gains financially from it. DenverDon's post is correct.
I've had both copyrighted and trademarked property used without permission and consulted with a friend who happens to be an attorney specializing in Intellectual Property. You could not be more wrong about this, Ronnie.
As DenverDon said, profiting has nothing to do whether there is a legal infringement of intellectual property rights. However, if a profit was made, it can affect the DAMAGES levied in a legal case. In fact, they call it, "treble damages." So, if you profit from using my IP, I can recover TRIPLE the amount you made from its unauthorized use. But, even if you didn't profit, the infringement issue still stands.
For fun, do a google search about
"Getty Images copyright infringement lawsuits." They went after ANYONE who used their images in ANY capacity (without regard to profit).