Copyright Basics For T-Shirt Design: Do’s And Don’ts - Designhill (2024)

Last updated on January 30th, 2023

One of the things a t-shirt design business owner and a designer should know beforehand is the copyright laws. You may be involved in some illegal activity by infringing someone’s copyrights unknowingly, and you may be challenged in a court of law. This may create some unpleasant situations for you and your business. Therefore, you must adhere to the copyright rules.

Copyright is all about protecting the owner’s intellectual property rights. In other words, only the owner has the legal right to copy and reproduce their own work. No one can use anyone’s intellectual property without the owner’s permission.

So, the creator of the original material has exclusive rights over the use of the content in any form under the copyright law.

Considering that you’re going to open your own t-shirt design store. I would suggest you ensure that the designs you are selling especially for funny t-shirts should not be copied from elsewhere.

If it’s found, you may face serious legal consequences. Many designers and shop owners are not fully aware of the copyright laws, which proves to be a legal disaster in the end.

Being a t-shirt designer, you must get copyright so that no other person or organization can illegally use your designs for any commercial activity.

It is tempting to use an attractive image, shirt quotes, or graphics as part of your design. But any illegal use can land you in legal trouble later. So, to avoid any such unwanted situation, a better approach is to be original, and stick to the basics.

If you are in the US and aspire to run a T-shirt design business successfully without any legal notices served to you for any potential infringement, then just have a reading of the Copyright Laws of the United States for updated information

So, as a t-shirt design shop owner and a designer, you must have the details of how copyright is useful to protect your intellectual property. Most importantly, this knowledge will help you stay away from any copyright infringements, which is essential to avoid any legal issues.

Here Is What You Can Do And Cannot Do To Create Unique T-Shirt Design

Avoid using any material from outside. The best approach is to use your creative mind to design an image or figure with the help of a professional designer or a t-shirt maker.

This way, you have a design that is truly your own. This is undoubtedly a creative way to get a design that is away from any legal issues. But get the design copyrighted as well.

Know the difference between copyright and trademark. Many business owners mistakenly consider these two terms the same. A trademark is a symbol, term, and name of a business.

On the other hand, copyright is given for original creative works. These works include paintings, books, movies, songs, choreography, web content, etc.

The Don’ts

i. When creating a t-shirt design, you cannot use images, characters, and any figure that resembles anything taken from comic books, cartoon networks, movies, video games, and television shows.

ii. You should not use logos, names, pictures of educational institutions, organizations, clubs, sports teams, musical groups, artists, etc.

iii. Avoid using logos, trademarks, and names of companies.

iv. Do not use any photo, artwork, or caricature of a celebrity. Taking a celebrity’s picture and using that on a t-shirt by drawing it in your own way should be avoided. It involves some complicated copyright issues. So, avoid it as well.

v. If you find an attractive graphic or image that is not listed for commercial use or free use, then do not use it on your t-shirt design. Whenever someone spots it, you will be in legal trouble. Use on those images or graphics that are clearly marked as free for commercial usage.

vi. Keep away also from Internet Memes or viral videos that inspire you to include them on your tshirt design. This is because many of the memes have images of celebrities.

vii. Do not use any image or graphics that you spot on social media and search engines to create your own t-shirt.

viii. When it comes to including some quotes of t-shirt in the design, avoid quoting anything from an author who is alive. In the case of a deceased author who passed away less than 70 years ago, do not quote him/her.

ix. You should also not quote from trademark material, literary works of art, and corporate slogans.

The Do’s

a. You can use royalty-free images for any commercial use, including t-shirt printing.

b. If you find any image or other things on the public domain, most probably its intellectual property rights have expired. So, you can use these images.

c. When it comes to using quotes in your t-shirt designs, you can quote anything from the public domain.

d. You can quote from authors who are dead for more than 70 years. Such t-shirt quotes are safe.

e. You also are legally allowed to quote from common sayings and parodies.

f. You can use national symbols, flags, and the likenesses of political figures as well as coats of arms. These things are not covered under copyright or trademark laws.

g. If you are creating a custom t-shirt, you can generally use famous characters that are commonly recognized by others.

h. Some sites offer free photos for commercial use also. But the user has to give credit to the owner of the photos. So, make sure that you follow this fundamental when using free images. If there is no such legal permission, then track the owner of the photo and get the nod.

What Is The Public Domain?

All those images, slogans, quotes, graphics that you see on the public domain can be used for your tshirt designs without any worries.

But what exactly is the public domain? Well, the domain has creative material that is no longer protected under any copyright law, and you can use it without taking permission.

Such content on the public domain is usually donated content, or it is forfeited, or its copyright has expired. So anything that you find useful in the domain, feel free to use it.

However, it doesn’t necessarily mean that a content on the public domain for free use will not come under copyright laws in the future.

While chances of it coming under copyright are fewer, still you need to check if someone had acquired its copyrights before you borrowed one such design or any other material.

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How To Check Material For Copyright

You should be aware of the ways to check if a material that you want to take has already been secured under copyright laws.

To do that, first, find out if the content you want to use as one of the t-shirt design ideas is using the © symbol. This is the copyright symbol. You will find it in fine letters somewhere at the bottom of a picture or any other material.

If you see a watermark, then it is copyrighted material, and you should avoid using it.

Many owners clearly mention the note of ownership, which you should look around in the content.

If you are not sure about a material’s copyright, the best way to ensure it is to visit the copyright office. You can also browse through copyright files. You can also perform a reverse image search online to find out its source.

What If Someone Copied Your Design?

In case someone has infringed your copyrights, you can take legal action against the offender. You should take three main steps.

First, make sure that you have registered your original work so that you can file an infringement lawsuit. Once that is in place, and if someone has copied your design, then file an infringement suit against the infringer.

Secondly, get a temporary restraining order. It is a less costly option. You should file a motion to get the order, which is a legal vehicle to halt any production, distribution, and selling of your original design work.

Thirdly, if you are a cash-strapped small business, you should consider approaching a law school faculty that works closely with law students who assist entrepreneurs. Many law schools in the US offer free legal counsel to small businesses.

So, these are the basic rules that you should follow when using an image, content, graphic, and such materials for your t-shirt design and business. Make sure that you have considered all aspects of copyrights regarding your business to avoid any legal issues.

You can safely put your design work at PrintShop with your copyrights. The site is owned by Designhill, which is a leading creative marketplace. But make sure that you adhere to the copyright laws when creating your design works and putting them on this site as part of your profile.

Wrapping Up

When you create a t-shirt design or run your own design business to sell shirts, check that you do not infringe anyone’s copyrights. It is better to double-check your design works to ensure that they adhere to the copyright laws than to face some unpleasant legal issues. While many images, symbols, and material you can safely incorporate in your design, not all other materials are available to designers without permission.

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Copyright Basics For T-Shirt Design: Do’s And Don’ts - Designhill (2024)

FAQs

Do I need to copyright my t-shirt designs? ›

Being a t-shirt designer, you must get copyright so that no other person or organization can illegally use your designs for any commercial activity. It is tempting to use an attractive image, shirt quotes, or graphics as part of your design. But any illegal use can land you in legal trouble later.

Can you legally put quotes on t-shirts? ›

Quotes can be trademarked if they're recognisable and mention famous characters. Everyone has the copyright to anything they write down, but it won't be protected if the sentence is short or generic. Also, most people won't bother pursuing you for using it on a T-shirt as long as it is properly attributed.

Can I customize a t-shirt online with a copyrighted image if I m not going to sell it and will only use it for myself? ›

If you have a burning desire to use a particular copyrighted image for your t-shirt design, you will need to contact the original copyright owner directly to ask if you can use or license their work.

What phrases are not copyrighted? ›

Titles, names, short phrases, slogans

Titles, names, short phrases, and slogans are not protected by copyright law. Similarly, it is clear that copyright law does not protect simple product lettering or coloring, or the mere listing of product ingredients or contents.

How do I change my design to avoid copyright? ›

If you edit an image that you didn't create, copyright law still applies. The only way to avoid copyright infringement with images is to create unique works, purchase a license to use an image or find a free-to-use image.

Can I use celebrity images on t-shirts? ›

It's generally not permissible to print celebrity images on merchandise without authorization to do so. Business owners who use celebrity images on T-shirts without permission are potentially setting themselves up for a legal battle that could lead to a big payout to the celebrities involved.

How do you tell if an image is copyrighted? ›

A watermark on an image is a clear sign that the image is copyrighted. Often, the watermark will contain text that indicates the name or company to whom the image belongs: do some googling and find out. Under no circ*mstances should you attempt to use software to strip the image of its watermark.

How much does it cost to copyright t-shirt design? ›

You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection. The USPTO offers four different forms, each with different pricing. If you file online using the Trademark Electronic Application System (TEAS), you can choose from three options.

Can I use a quote from a famous person on my shirt design? ›

Unless you have the authorization, agreement, and contract with rights and limitations in doing so from the celebrity/ his/her management/agent, then you have no legal right to use and especially print and make sales off of a celebrity's image.

Can I put someones logo on my shirt? ›

A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used.

Can you print copyrighted images on t-shirts? ›

Regarding the t-shirt printing industry, copyright rules are very clear: you can't print out any design you see and think that makes it yours. Using any form of artwork that isn't yours is already a breach of rights unless the owner has specifically permitted you to use the artwork.

Can I use Canva to design t-shirts to sell? ›

Yes, as long as you stick to the Permitted Uses when you're using our Content (see Section 5 of our Content License Agreement for full details). For example, you can legally sell your design on printed merchandise like t-shirts, posters, stickers, tote bags and the like.

What images can I use for free on a shirt? ›

Unsplash. Similar to Pexels, Unsplash is a public domain image site that allows you to freely use images for commercial and non-commercial purposes. Unlike many other photography sites, you don't need to ask permission from or give credit to the photographer.

Can I sell shirts with pictures from the Internet? ›

Receive Permission From the Copyright Owner

You can still sell t-shirts with copyrighted images, provided you gain permission from the author. Always maintain decorum and ask for permission before using anything you see on the internet.

What are 3 items that can't be copyrighted? ›

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks.

What are some copyrighted words? ›

8 Common Words That Are Still Trademarked
  • Adrenalin. As frequently happens with scientific advances, there were several researchers working independently on what we commonly call adrenaline at around the same time in the late 1800s. ...
  • Popsicle. ...
  • Crock-Pot. ...
  • Magic Marker. ...
  • Frisbee. ...
  • Baggies. ...
  • Sheetrock. ...
  • Plexiglas.

What do you put to not get copyrighted? ›

Add a disclaimer like “I don't own the rights” or “no infringement intended” Added your own material to the original content.

How much do you have to alter an image to avoid copyright? ›

Accordingly, you cannot claim copyright to another's work, no matter how much you change it, unless you have the owner's consent.

What are the 4 fair use exceptions to copyright? ›

Fair use of copyrighted works, as stated in US copyright law, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”

Are my designs automatically copyrighted? ›

Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.” Why should I register my work if copyright protection is automatic?

Can you transfer photo to a tshirt? ›

Take plastic wrap and cover the picture (fold excess to the back of the image). Place the wrapped image on the t-shirt. Cover with parchment paper once its where you want it. Take the iron, which should be set on high and begin to iron over image.

Where should image be placed on tshirt? ›

A: The most common logo placement on a shirt is on the left chest. This has become the most common placement due to the original handshake, which would force your right hand to extend and therefore cover up the right chest area and your logo.

What are t-shirts with images called? ›

Graphic tees explained. You may have noticed the rise of the graphic T-shirt – we certainly have.

What images have no copyright? ›

Public Domain images have no copyright because: The copyright has expired. The work never had copyright to begin with. The copyright holder released the work into the public domain.

Can I use a copyrighted image if I give credit? ›

It's important to know that giving credit on its own does not entitle you to use an image. For instance, an image published under an “All Rights Reserved” license (the default copyright grant, unless stated otherwise), means no rights are granted for any use.

Is a photo still copyrighted if I image trace it? ›

If you want to use someone else's work or copy it, or trace it, or significantly change it, whatever path you might choose without permission, it is copyright infringement. Even, or maybe, especially, reference or stock photos.

How do I trademark my t-shirt design? ›

Go to the secretary of state's website for every state where your shirts are sold. Download a trademark registration application from the business services section of the website. Fill out the form, provide samples of the mark on the t-shirt and file the form with the appropriate fee.

How do I copyright my design? ›

The registration procedure includes filing an application form with the U.S. Copyright Office, with different forms based on the type of the work, such as literary works, visual works, or sound recordings. You then deposit copies of the work being registered.

Can I sell shirts with TV characters? ›

Character pictures: This can include character pictures from books, movies, television shows, and comics. Note that you also cannot sell derivative artworks made of copyrighted characters. That means you cannot draw a Mickey Mouse design by yourself and put it on your t-shirt to sell it for profit.

Can I put my logo on a Nike shirt and sell it? ›

You do it all for your business, and custom Nike clothing and gear, customized with your brand logo, will underscore your business's commitment to working smarter, innovation, and service. Place your brand logo on premium custom Nike products and clothing is a powerful way to increase your brand appeal.

Can you copyright a word on a shirt? ›

You can trademark a name, logo, or slogan that appears on your t-shirts. You may register a trademark for any materials that identify and promote your particular goods and services. This information was provided by our founding attorney, Xavier Morales, Esq.

Can I print copyrighted material for personal use? ›

Copying includes printing, photocopying and similar methods of mechanical duplication. It is not permissible to reproduce copyrighted materials without the written authorization of the copyright holder unless it qualifies under the copyright law's doctrine of "fair use."

Do I need to trademark my art before selling my t-shirts? ›

If you have a hot new T-shirt design and want to legally protect it, you need to license it by copyrighting. Copyrighting your design will prevent others from using and profiting from your concept.

Can I use my Canva design to be printed on shirts I m wanting to sell on my online shop? ›

Yes, as long as you stick to the Permitted Uses when you're using our Content (see Section 5 of our Content Licence Agreement for full details). For example, you can legally sell your design on printed merchandise like t-shirts, posters, stickers, tote bags and the like.

Is everything on Canva copyright free? ›

What is allowed? All free photos, music and video files on Canva can be used for free for commercial and noncommercial use. If a photo, music or video file contains an identifiable person, place, logo or trademark, please ensure you check the image source or contact us if you're unsure.

Can I use Canva to design t-shirts to sell on Etsy? ›

As long as you create your own original design using Canva's free graphics and content (fonts, elements photos, etc), then you can sell your template for both commercial and non-commercial use. You are not allow to copy and resell templates you find on Canva.

What can I put on a shirt without copyright? ›

This is a very sweeping question and the answer will depend on the specific circ*mstances. But for a safe answer: you can print anything on a t-shirt that is under public domain without infringing copyright laws. Public domain includes artworks that have expired from their copyright.

Should I copyright my t-shirt design? ›

Being a t-shirt designer, you must get copyright so that no other person or organization can illegally use your designs for any commercial activity. It is tempting to use an attractive image, shirt quotes, or graphics as part of your design. But any illegal use can land you in legal trouble later.

What app can I use to put a picture on a shirt? ›

Snaptee is the first mobile app in the world that enables you to create your own custom T-shirts with just a few taps of your smartphone. Regardless of your design or photo editing experience, you can easily create your unique clothing with our fun tools.

Can you put quotes on t-shirts? ›

Quotes are generally safe to use if they exist in the Public Domain. These are works for which copyright protection has expired. If it's documented as existing in the Public Domain, you're generally safe to use it in your own original works of art such as a printed quote on a tee.

Is it profitable to sell shirts online? ›

Selling T-shirts online is one of the most profitable business ideas due to the ever-growing global industry. The business is also versatile, as a single T-shirt store can target different demographics.

Can I sell shirts with copyrighted images? ›

Receive Permission From the Copyright Owner

You can still sell t-shirts with copyrighted images, provided you gain permission from the author. Always maintain decorum and ask for permission before using anything you see on the internet.

How do I avoid copyright when making a logo? ›

A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used.

Can I make a shirt with a copyrighted image? ›

Regarding the t-shirt printing industry, copyright rules are very clear: you can't print out any design you see and think that makes it yours. Using any form of artwork that isn't yours is already a breach of rights unless the owner has specifically permitted you to use the artwork.

How do I avoid copyright on print on demand? ›

Fair use. General ideas, historical facts and figures, classic literary works, quotes, and symbols are fair use. You can freely incorporate them into your online business. Creative Commons and public domain archives access tons of free original works that can be used to develop designs.

Can I sell a shirt with a design on it? ›

In short, if a design is copyrighted, you shouldn't start selling it or something similar in your shop. Only the owner of that exclusive design has the authorization to monetize it.

How do I know if a design is copyrighted? ›

You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. Private trademark search firms will conduct searches for a fee.

What happens if I don't copyright my logo? ›

Without registering your trademark, you have no legal defense in case of a lawsuit. A registered trademark is a federal and legal registration of your company's mark. If anyone else wants to register a name or design that's the same or too similar to yours, they will be guilty of trademark infringement.

How much can you copy without infringing copyright? ›

Under those guidelines, a prose work may be reproduced in its entirety if it is less than 2500 words in length.

What are some examples of copyright infringement? ›

What is copyright infringement?
  • Recording a film in a movie theater.
  • Posting a video on your company's website which features copyrighted words or songs.
  • Using copyrighted images on your company's website.
  • Using a musical group's copyrighted songs on your company's website.
Feb 3, 2023

How much does it cost to copyright a shirt? ›

If you are filing for copyright in the US, the registration fee will be between $35-55, depending on the case. Here's how you can copyright your t-shirt designs. It takes around 3-11 months for online applications to get processed. Mail applications can take up to two years for processing.

Is it illegal to put a Nike logo on a shirt? ›

Nike does not permit other parties to use or modify its trademarks, images, logos, advertising, or other such materials.

Are words on a shirt copyright? ›

Let us break it down in a real practical way. I wish I could tell you that it's ok to print whatever you want. But the reality is that copyright law applies to all intellectual property, even what you want to put on a t-shirt. Copyright law can be complex, which is why you've landed here.

Can I sell a shirt with a logo on it? ›

Yes, unless you own the logo/trademark, or have explicit permission by the rights holder. Can I print an old logo of a famous brand on my T-shirts and sell them?

What triggers copyright? ›

According to the US Copyright Office, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

How do I use copyrighted material without permission? ›

Fair use is a U.S. legal doctrine that helps support freedom of expression by allowing the unlicensed use of a copyrighted work in certain circ*mstances. Examples of fair use include criticism, comment, news reporting, teaching, scholarship and research.

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