Navigating Copyright Laws for T-Shirt Creators

Copyright laws are vital for safeguarding creators’ rights. They help artists earn from their work without the fear of someone copying it. Knowing these laws is key to preventing legal problems when designing custom t-shirts. The line between being inspired by someone else’s work & copying it can often be unclear.

In this guide, we’ll cover the basics of copyright, fair use, & the permissions needed to design t-shirts legally.

Before you begin selling t-shirts with images of your favorite musician, it’s important to understand copyright laws. In this article, we’ll answer some common questions & help you grasp how copyright works.

Disclaimer: We can explain the general rules, but this article isn’t legal advice. It’s best to speak with a copyright lawyer/attorney for guidance specific to your situation.

What is copyright?

Copyright is a legal right that protects a creator’s work once it’s expressed in a physical form. To be protected, the work must be both original & tangible. In other words, it should be your own effort, expressed in a physical way.

While copyright laws differ across countries, in the US, it covers “works of authorship” in these categories:

• Literary works
• Musical works, including lyrics
• Dramatic works, with any music included
• Pantomimes & choreography
• Visual, graphic & sculptural works
• Movies & other audiovisual works
• Sound recordings
• Architectural works

Protection duration varies depending on the work, but it generally lasts for up to 70 years after the creator’s death.

What can I put on a t-shirt?

This question is broad. The answer depends on many factors. However, a simple rule: you can print anything on a t-shirt that’s in the public domain without breaking copyright laws.

The public domain includes works that no longer have copyright protection. For example, Vincent Van Gogh’s Self-Portrait with a Straw Hat (1887) became public domain in 2017, thanks to The Met.

Several websites list public domain images that can be used for personal & commercial purposes. Wikimedia Commons is one of the largest sources for such images. Many images are free to use, but some have restrictions, so always check carefully. Unsplash also provides a variety of photos available for use. The British Library released 1 million images into the public domain too.

Use design elements not covered by copyright

Some works with historical importance are not protected or owned under copyright law. These can be used freely without legal trouble. Copyright law does not cover:

• Ideas, facts, & concepts
• Discoveries & principles
• Short titles & slogans
• National symbols like flags or coats-of-arms
• Non-tangible items like a sketch or exclamation
• Common property works like calendars or the alphabet
• Utilitarian symbols like traffic signs or emergency graphics
• Basic shapes, letters, colors, & their variations

T-shirt copyright violation: What to avoid

First off, assume everything is copyrighted. Don’t just grab a random image from Google, thinking you won’t face copyright issues. To be safe, here are things you should never do.

Don’t use brand logos

Using well-known brand logos, like the Nike swoosh, is off-limits. Making fake or inspired brand images will turn off customers & could result in a costly lawsuit.

Don’t manipulate or alter brand images by flipping, distorting, coloring, or layering them, thinking it will make them original. Cutting corners will hurt your own brand & put you behind the competition.

Don’t use quotes

If a quote has been written down, recorded, or used online, don’t use it on your t-shirt, unless it’s in the public domain. Once something is in a fixed form, you can’t use it commercially without permission.

Don’t use branded fonts

You may see fan merch or reviews with fonts from the original work. While they’re familiar & recognizable, that’s also why they’re risky copyright-wise. For example, avoid using fonts from Stranger Things or the Star Wars intro to design t-shirts.

Don’t use cartoons

Don’t mix in any animated characters, comic strips, or mascots from syndicated content unless they’ve entered the public domain, like the original Winnie the Pooh. Make sure your custom t-shirt designs are clearly different from existing media.

Don’t use memes

Even though memes are widely shared, don’t assume you’re free to use them. Many memes come from copyrighted media, whether it’s an image from SpongeBob or a character from Vince Gilligan’s shows.

Don’t use celebrity images

It may seem like celebrity images are an issue due to defamation risks, but the bigger problem is who owns the photo. Generally, the photographer holds the rights to the image, not the celebrity.

Conclusion

Understanding how to avoid copyright infringement will keep you out of legal trouble, so you can focus on selling t-shirts. You can easily avoid complaints by using original designs, choosing images that aren’t copyrighted, or paying to use copyrighted ones. Stick to the guidelines in this article, & you should steer clear of copyright issues.