How Copyright Law Impacts Your T-Shirt Printing Business

Over the last 10 years, T-shirt printing has seen an explosion in popularity. From online marketplaces to pop-up shops, entrepreneurs, artists, and nonprofits are using printed apparel to create brand awareness and share a message, and even create a profit.

The creative process has never been easier due to overwhelming access to modern tools to help you design! With programs such as Adobe Express, anyone can create professional graphics without expensive software and years of training. While creativity sits at the center of this type of business, so does the law! If you plan to be successful in t-shirt printing, understanding the law of copyright is essential to circumvent legal issues.

This article takes a look at copyright issues you need to know before printing your next batch of shirts to protect your creativity and your business.

1. Why Copyright Matters in T-Shirt Printing

Copyright is a form of protection granted to the creator of original works of authorship, such as art, photography, writing, and music. For a t-shirt printing company, it will primarily concern the designs that you create or the designs you receive permission to use.

If you were to use an unaltered design and that design was created by someone else, you are likely infringing on their copyright. Indicators of infringement can vary from receiving a cease-and-desist letter to a lengthy legal proceeding, to potentially costly penalties if that entity proves it incurred damages (damages in copyright infringement lawsuits can be upwards of thousands of dollars for every infringement).

Many small business owners fail to understand how copyright law intersects with their business. They generally think that they are fine as long as they modify a few things in a well-known image, or that it is ok because they just downloaded a graphic off the internet. This is not how it works; you could keep modifying as much as you want, and you still might infringe copyright.

2. Common Copyright Pitfalls in T-Shirt Design

Before launching your next collection, it’s crucial to know the common mistakes t-shirt printers make:

1. Trademarked Logos or Slogans

Unless you have permission, you cannot print the Nike swoosh, a Disney character, or a team logo on a shirt. All of these are protected under trademark law. You risk being sued and fined.

1. Copying Online Artwork

Just because something is easy to download does not mean it is free to use. Whether a photo, illustration, or even a meme, an image may be a user’s error.

1. Celebrity Likeness

Printing a t-shirt with the face of a famous actor may seem harmless, but their likeness is often protected under right of publicity laws, which differ from state to state.

1. Fair Use Doesn’t Always Exist

Fair use is a legal doctrine that allows the limited use of copyrighted material, for commentary, criticism, or education, but this is a grey area and often does not extend to commercial uses, like selling t-shirts.

3. Protecting Your T-Shirt Designs

It is not just enough for you to not infringe on someone’s design; you also want to be able to protect your original design from someone copying it. To this point, here are some things you can do to protect your rights:

• Register Your Work – In the U.S., copyright exists the moment you create your design; however, the fact that you have a registered design with the U.S. Copyright Office strengthens your legal status if you want to enforce your rights.
• Keep any Records of Your Creative Process – Make sure to archive or keep dated copies of your drawings, drafts, and files to support that you own the rights to your design.
• Have contracts if you are working with someone – If you hire a designer to do the work for you, put in writing who owns the final design. Without contracts, the designer might have rights to the artwork.

4. How Adobe Express Supports Legal Compliance

One of the most straightforward methods to avoid legal restrictions is to leverage licensed or royalty-free design elements. This is where Adobe Express distinguishes itself from the competition.

Adobe Express offers a variety of templates, icons, and graphics that you can customize for t-shirt printing. In a lot of cases, these are royalty-free resources for commercial use, meaning you can incorporate them into your t-shirt design with virtually no risks of infringing on copyright once you adhere to the license’s instructions.

By incorporating legally agreeable resources to kick off your t-shirt project, you reduce your risk as well as your time finding (or creating) the right artwork to work from!

5. When to Consult an Attorney

Following best practices may not keep you out of legal trouble. If you haven’t read anything above and had a light bulb go off that it’s a good idea to talk to a lawyer, I encourage you to think about it.

You may want to talk to a lawyer if you:

• Received a cease-and-desist letter regarding the designs you provided,
• are unsure if you can use a logo, image, tagline, or graphic,
• want to register your designs, but are not familiar with the process,
• want to work with other businesses or artists on a t-shirt project and place contracts in place.

A lawyer with an understanding of intellectual property law will be able to put your mind at ease and help you navigate your way without making costly mistakes. Plus, they may represent you if it comes to that.

Final Thoughts

T-shirt printing is probably one of the most exciting and accessible creative businesses available today, but it is also one of the first places where legal infringement can take shape. Copyright law, or what copyright law applies to your designs, can help to minimize infringement of your designs as well as your employment and reputation.

With the use and assistance of trusted sites such as Adobe Express for your T-shirt printing designs, unlicensed content, and legal assistance where necessary, your creativity would be free, as nobody could sue you or fine you.

In custom apparel, the concept is only part of the concept. You will want to be sure that the concept is yours to use.

Mike

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