It's funny how games like Gears, Oblivon, GTAIV, etc... are praised to the rooftops when released by people on these forums and then bashed by the same people when it becomes the flavour of the month. Or maybe these games really aren't that great afterall and the critics are wrong...
Copyright laws are different for every country so the questions is mute without knowing where you live.
You can violate copyright laws regardless of whether you are making a profit or not. I would get permission from the artist to cover yourself if you will use an image of their work.
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