How to Avoid Copyright Infringement With T-Shirts: Our Guide

If you're planning to launch your own fashion brand, making sure you know how to avoid copyright infringement with t-shirts is crucial.

Now is an incredible time for creators from all backgrounds to boost their income selling custom t-shirts online. With the help of innovative print on demand companies like Coolcustomize, anyone can tap into the growing market demand for personalized products, and unique garments, with minimal upfront investment and risk.

However, the last thing you want when you're launching your new brand, is to start unintentionally breaking copyright laws. It's easy to assume that every image and design you see online is a free asset you can use for product design, development and inspiration, but that's a recipe for legal trouble.

The reality is that many images are defended by copyright protection laws. Using original content without permission can land you in legal trouble, lead to serious fines, and even damage your relationship with your target audience.

The good news? Avoiding potential copyright infringements is easy with the right guidance and a little planning. Here's everything you need to know to stay safe when designing custom shirts.

What Is A Copyright?

A copyright is a form of intellectual property law that gives the "owner" of a piece of original content the right to control how it's used, reproduced, or distributed. Basically, it ensures other people can't simply replicate the intellectual property of an original creator, such as a logo or image.

By default, a work's creator (such as the artist or graphic designer) will also be the "rights holder" to the copyright. However, creators can also grant other parties legal permission to use their work. For instance, the original owner of an artwork might allow a company to reproduce their images for t-shirt design ideas, in exchange for a fee or a percentage of the product's profits.

Notably, not all creative designs and products are covered by copyright law. For instance, copyright law typically doesn't cover names, ideas, titles, slogans, or methods of doing something. However, other types of intellectual property law, like patents and trademarks can apply to those things. Additionally, the copyright period applied to each product can vary.

In general, to be eligible for copyright protection, a creative work needs to be original (not a copy or too similar to another piece of work), and creative (for instance, the laws on copyrights wouldn't apply to an image of a simple circle anyone could copy).

Additionally, the asset needs to be fixed in a definitive form, in other words, it can't constantly change in appearance or style.

What is Copyright Infringement?

Copyright infringement is the term used to refer to when an individual, or entity, such as your clothing brand, uses creative work without the authorization or permission of the rightful owner. In simple terms, it means that someone infringes on the rights of a copyright owner to control who can create, use, and replicate their work.

Unauthorized use of an original image or asset can come in many forms. It might include using a graphic design asset on your t-shirt without permission, or publicly displaying that work on your store without the artist's permission.

This form of trademark infringement is unfortunately very common in the fashion industry, and has landed a lot of companies in hot water in the past. That's why it's so important to ensure you're cautious when choosing design elements for your t-shirts.

What Are The Consequences Of A Copyright Infringement?

Copyright infringement, or the use of creative content without direct permission can have a lot of indirect and direct consequences for your company. The exact results of an infringement can vary depending on the severity of the breach. For instance, potential outcomes include:

• Notices: If copyrighted work is displayed online, the copyright owner might issue a "takedown notice" to the website owner and domain name registrar. Most websites will comply with these demands immediately, as ignoring a copyright notice can lead to significant legal issues and court cases.

• Court action: If a copyright owner decides to take your t-shirt company to court, an injunction may be issued preventing you from using the image any further. According to trademark law, some courts can also seize any assets using the original designs, which means you lose access to any inventory you've purchased.

• Fines and financial repercussions: If you made a profit with a copyrighted t-shirt design, you may be required to pay the copyright owner any revenue you've earned. You could also be asked to pay additional statutory damages between $200 and $15,000 per work.

In severe cases where you're found to have wilfully ignored copyright rules, you may incur criminal penalties of up to $250,000 in fines, and/or up to five years in prison per violation. Plus, you'll have attorney fees to think about for each potential infringement.

On top of that, business owners who use original designs without permission for custom t-shirts can suffer from repercussions in a less tangible form. Trademark infringement can harm your business reputation and affect customer loyalty, making it harder for your business to thrive in the long term.

Potential copyright issues can erode customer trust, convincing potential buyers that you don't take an ethical approach to running your business.

Tips To Avoid Copyright Infringement When Selling T-Shirts

Ultimately, the serious repercussions of trademark infringement make it crucial for any company to ensure they know how to avoid copyright infringement with t-shirts. If you want to avoid criminal charges, fines, and reputational damage, you need to take a cautious approach to t-shirt design.

Here are our top tips for avoiding infringement issues in the t-shirt design world.

Check Designs for Copyright Protection

The first, and most obvious way to protect yourself from copyright infringement issues is to do your due diligence. If you spot some exciting t-shirt designs online, or see a great piece of artwork you want to use, don't just assume that content is free to use.

A lot of modern content online is copyrighted, and you should be able to check for signs that the piece is protected by:

• Looking for a copyright symbol or credit to the original artist accompanying the image

• Check for watermarks applied by the owner of the creator material.

• Review the metadata for the image to check for a copyright holder.

• Conduct a reverse image search to track down the original artist.

• Check the copyright records on the company's website, or with your local Copyright office.

In most cases, unless you can see a clear statement outlining that an image or artwork is free from any licenses or copyrights, it's best to assume that it's protected by copyright law.

Use Public Domain Images

As mentioned above, not all images and artistic works are copyrighted. Public domain works, for instance, are considered as "belonging" to the public, because they don't apply for typical copyright protection, or because the initial copyright protection for the work has expired.

For instance, in the United States, all photos published more than 95 years ago are considered as being "in the public domain". Additionally, standard images and shapes that don't require creativity to reproduce, such as circles and squares are free to use.

Public domain images can be a great resource if you're looking for a starting point for your print-on-demand t-shirt ideas. You can even consider expanding your search by looking at free stock image and royalty-free image websites like Unsplash or Pexels for additional design options.

Just keep in mind that royalty-free, and public domain images can easily be reproduced by other companies, so they might not give you a great way to make your t-shirt business stand out. Additionally, there are situations where some works may be considered public domain in one country, but not in another. If you're selling internationally, make sure any high-quality public domain images you use are safe to use worldwide.

Purchase Images for your T-shirt Business

Even if an image is copyrighted, or doesn't fall into the category of public domain materials, it could still be possible for your t-shirt business to use the work in your designs. Often the easiest way to do this is to purchase a license from the copyright holder, or from a stock image website.

Some artists, or the copyright holder for various designs will advertise that their works are readily available for licensing. Others might be willing to commit to a licensing agreement if you contact them with a request. Notably, it might be worth getting legal advice when purchasing designs.

Different artists will have different requirements to consider when issuing licenses. For instance, a professional designer might only be willing to give you exclusive rights to their works if you share a portion of your profits with them from each t-shirt sale. Even if you know copyright basics, speaking to an expert can help protect your business against copyright issues.

Purchasing licenses from a stock image website can often be a little simpler, as you'll be able to see straight away what kind of license you can access for a one-time price.

Create Original Designs

Probably the most obvious and simple way to avoid copyright issues with your designs, is to create them from scratch. Developing your own designs for your t-shirt business can be a great way to set yourself apart from the competition.

It also ensures that you're the original copyright holder for your image. This means you can even register your artwork for a copyright to prevent other companies from using your work. There are plenty of free and paid tools you can use to create exciting t-shirt designs, such as Adobe Photoshop, Inkspace, and Illustrator.

You could even consider experimenting with AI-generated images. Just make sure you're careful with this approach, as an AI image generation tool might draw inspiration from copyrighted content. The best bet is to use a dedicated POD design tool to create amazing prints with AI.

For instance, at Coolcustomize, our design tool allows you to leverage artificial intelligence to create patterns and images for your t-shirts that won't be subject to copyright laws.

Hire A Freelance Designer

If you don't have a lot of design skills, or struggle using tools to create images for your t-shirt business designs, you could always consider working with online artists and graphic design professionals. You can commission a specialist to capture photos, create illustrations, or come up with patterns for your t-shirt design ideas on your behalf.

When you pay someone to create designs for you, this typically makes you the legal creator and copyright owner. The designer transfers copyright ownership to you in exchange for their fee. However, it's worth double checking any license agreement your designer sends you, to make sure they're adhering to this practice.

It's also important to ensure you're hiring the right designer - which can be a risky business. Some designers may use copyrighted resources to create designs without telling you. Make sure you learn as much as you can about the designer you're working with before you pay for their services.

You can search for affordable and reputable designers on various channels, from 99Designs and Upwork, to Fiverr, and Dribbble.

ntioned above, a copyright holder essentially gains control over who can replicate and use their works. In some cases, an artist might give you permission to use their art without any legal trouble, even if you don't pay for a license.

Some smaller up-and-coming artists might be happy to give you the right to use their creative material on your t-shirt designs in exchange for exposure on your website. Others might ask you to promote them occasionally, be sending your customers to their art page.

Consider reaching out to the rightful owner of any content you want to use, and asking them what their terms would look like if you asked for permission to use their designs.

What Not To Do When Selling T-Shirts

Now you know the basics of how to avoid copyright infringement with t-shirt designs, let's finish off with a few essential "don'ts" to keep in mind. These are the most important things you'll need to avoid when choosing amazing prints for your t-shirts:

• Avoid branded materials: It almost goes without saying, but you should never use another company's logo on your t-shirts or other products - even if you attempt to adjust or distort the image slightly, by changing the color and shape. Avoid using brand mascots, and stay away from well-known trademarks, like national symbols.

• Don't use cartoon or comic-book characters: Most popular comic book characters and illustrations are protected by their creators. Animation companies like Disney are very protective of assets like Mickey Mouse, and the same applies to companies like Marvel and DC. These companies will likely take you to court, and impose stricter punishments on you to set a precedent, even if you're a smaller t-shirt business.

• Stay away from celebrity images: Celebrities automatically receive trademark protection against the unauthorized use of their likeness. You can't use the name, signature, or any other identifying characteristics of celebrities without permission. Don't run the risk of losing customer trust by using a celebrity's likeness.

• Avoid famous quotes: Just like cartoon characters, quotes are protected by copyright law when they're fixed in a tangible form, such as in a book or audio file. Though quotes usually enter the public name after 95 years, it's best to avoid using well-known quotes without double-checking that you have the proper permissions.

Protect your Company from Copyright Issues

If you want to develop a successful t-shirt business, it's important to ensure you know not just how to delight your customers with nifty t-shirt prints and great materials. You also need to know how to avoid unforeseen troubles with copyright law.

Remember innovation over imitation when it comes to creating impressive t-shirts. Don't simply assume that you can use any image you find online in your custom t-shirt printing designs. Familiarize yourself with the intricacies of licensing agreements, and evolving trademark laws.

Ensuring you don't fall victim to copyright problems will help you to maintain customer trust, and differentiate yourself from the competition, while avoiding serious repercussions.

At Coolcustomize, we make it easier to create incredible t-shirts, without the threat of trademark infringements. Our convenient design tools offer access to licensed resources you can use in your t-shirt designs, and intuitive AI-powered solutions.

Contact us today for tips on getting started with your new t-shirt designs.