As an owner of a business that does t-shirt designs, one of the things you should know is copyright laws. You might accidentally involve yourself in what is considered illegal activity by infringing on the copyrights of another designer which might result in a court case. This can be unpleasant for both your business and yourself. Therefore, you need to know what copyright laws are. Copyright laws are used to protect someone’s intellectual property. This means no one can use such property without the owner of such property granting you permission. Doing this violates the copyright of the owner. This article will help you understand how to avoid copyright infringements with T-shirts?
If you have decided to start a t-shirt design company, it is important to make sure the designs on these t-shirts are not taken from just anywhere. If these designs have come from a place where they are copyright-protected, it might lead to serious legal consequences. Copyright on an item does not mean it is unusable. It only means the owner of the copyright has to approve its use. There are various ways by which you can infringe on one’s copyright but the best way is to create your designs yourself.
How Copyright Infringement Works?
There are a lot of concepts and rules that seem confusing when it comes to copyright. The most important thing to understand is that any original content is protected by copyright. Any time such an item is copied or utilized without the owner granting permission, it becomes a copyright infringement. Other items that might be protected by copyright include literary work, music, choreography, movies and shows, plays, and digital content such as software, websites, and video games.
Consequences of copyright infringement
If you use a copyrighted design on a t-shirt, the author of such work might file a lawsuit targeted at you. However, the author can only do this if the work has been registered with the copyright office of the United States. Penalties for copyright infringement are divided into civil and criminal fines.
Civil penalties: These include damages from $750 to $30,000. Fines might also reach up to $150,000 if it has been proven that there was willful infringement. Fees that would be paid to lawyers and attorneys are also included in civil penalties.
Criminal penalties: Fines might amount to $250,000 and you might be imprisoned for five years.
How To Avoid Copyright Infringements With T-Shirts?
The best bet to avoid getting sued for copyright is to generate your original design. You might also contract a professional designer to do this job for you. There are a few things you could do and those you could restrain from to avoid legal consequences of copyright infringements of T-shirts.
Do’s Of T-Shirt Design
- You could look for royalty-free images. These are images for which no amount needs to be paid. If you find such images, they could be used on the shirt you want to design.
- Some images exist in the public domain. These images might have been intellectual property at one time but there is a time limit that property like that can exist. After that period, the property is put back into the public domain and can be used without fear of infringing on any copyright.
- Other material in the public domain such as quotes, parodies, and common sayings may also be used. Quotes from authors who have been dead for over 70 years are also free to be used.
- National symbols, flags, symbols, and coats of arms can also be used as these items are not covered by copyright.
Dont’s Of T-shirt Design
- Images, figures, or characters from cartoons, comics, T.V shows, video games, or movies cannot be used.
- Pictures of organizations, educational institutions, and sports teams are covered by copyright. You should also steer clear of using the logos of these institutions.
- Avoid using a celebrity’s artwork, caricature, or picture.
- Do not use videos that have gone viral or memes. This is because most of these memes contain images of celebrities.
- Remember to not quote authors who are still alive or have been dead for less than 70 years.
Conclusion
If you plan on running a t-shirt design business, copyright infringement is one of the things you have to consider carefully. It comes with a lot of financial and legal trouble if you have been found guilty. However, there are ways by which you can use a material that has been copyrighted and not incur the wrath of the owner of such material. This is done by seeking permission from the owner. If you decide not to use copyrighted material, you could design your content or consult a professional to do it for you.
Frequently Asked Questions
- What can I do if I find out my design has been used without my permission?
If your original work has been registered with the relevant authority, you may file an infringement lawsuit against the user of such work. You would also need to obtain a restraining order to prevent further use of your work. You might also want to approach law school faculties that assist entrepreneurs, especially if you might not have enough money for legal fees.
- How do I know if a material is protected by copyright?
Any material that has the © symbol or has a watermark over it, is protected by copyright.
- What exactly is the public domain?
This is the space containing material that may be utilized without permission. Note that however, material in the public domain might become copyrighted later in the future by someone else.
- Are copyrighted materials and trademarks the same thing?
No. While copyrighted materials are original content such as music, paintings, or books, trademarks are items such as slogans and logos that are associated with a brand name.
