When starting your t-shirt business you might come across confusing legal issues. The legalities of business can’t be over looked, so we’re gonna break some of it down so it’s easier to understand. Make sure you know your stuff before you get into legal trouble!
Copyright and Trademarks
A copyright is the right to copy and gives the copyright holder the right to be credited for the work, to determine who may adapt the work to other forms, financially benefit from it, and other related rights. A trademark is a type of intellectual property, and typically a name, word, phrase, logo, symbol, or a combination of these elements. You should copyright your t-shirt designs and trademark your brand name and logo to protect them legally. But don’t stress about copyright and trademark too early– legal protection is not necessary to start your t-shirt business, but is recommended if the funds are available. It’s definitely necessary as you progress.
Images from the internet
Don’t use ‘em without permission. Images from the internet are usually protected by copyright, unless their from a non-photographer’s photo album or something. There are ways of beating the system though: If you use a basic, generic picture, for example, one of a dog, you’d probably get away with it in some cases. If there is nothing peculiar about the photo you use and it looks like something you could very well have photographed yourself, most likely the copyright holder won’t really be able to distinguish the image and wouldn’t waste time trying to hunt you down. On the other hand if you use a picture that’s very specific or complex, for example, a picture of a white pit-bull with black spots wearing a football helmet, eating M&Ms, you could get caught easily.
EDIT: Recently looked into CreativeCommons.com and apparently you can use an image you find through their website for commercial use, as long as you credit the owner!
Famous quotes
When using quotes in t-shirt designs you should quote the person who originally said it. Don’t pretend that you made it up. Just give them their credit, even if it’s in super tiny print. You definitely wouldn’t like it if you said something funny one day and saw it on a bunch of t-shirts the next, without any recognition, let alone payment, for it.
Popular characters
Never use them unless you have a license to do so. Just make up your own characters or get someone else to. Simple as that. Using popular characters in an attempt to sell quick is just plain crooked and uncreative.
Writing and signing contracts
Learn the ins and outs of contracts before writing or signing them or you’ll get screwed. Also, don’t sign a contract for anything until you’ve weighed out the options of having the contract signed or not, as well as how you’d feel about your decision to sign when a few months go by. Find some sample contracts online or in books so you get an idea of how they should be formatted when creating your own.
Parodying familiar figures and icons
It’s allowed thanks to the right to parody. Just don’t get too crazy with it. When your parodying becomes overly offensive you may get attacked and or kidnapped by the entourage of figure you’re parodying. Or maybe even nabbed for defamation of character. Just beware.
Political figures
In most cases they can be used. It’s no wonder there are so many political t-shirts on the market. The only situation you wouldn’t be safe using them is if you find a famous photo of a political figure. The photo would most likely be recognized as the photographer’s famous photo, so you’d be in hot water. In addition to political figures you can also use flags, coat of arms, and national symbols where ever and when ever you want.
(Disclaimer: Although we are knowledgeable on certain important legal aspects of a t-shirt business, we’re not lawyers. This info is intended to inform you and keep you aware of the general legal aspects of a t-shirt business. We’d recommend doing additional research on your specific concerns, or consulting a lawyer for more information on what legal processes to follow for your business.
BONUS TIP: Read our book LAUNCH A KICK-ASS T-SHIRT BRAND for in depth advice and tips like these. Tons of useful information you can’t afford to miss!
46 comments
Geni says:
Jan 17, 2012
I’m starting a clothing line soon, this article is so helpful because i’ve always been confusing the whole trademark/copyright thing. Now my problem is that you mentioned that “legal protection is not necessary to start your t-shirt business” but I want to launch my brand’s logo on a shirt, my question is, should I copyright that design or should I go ahead and trademark it (i have little profit right now) because I’m afraid that if I don’t give it any “legal protection” some other person might take it. Ah! What to do?!
Ally-J says:
Dec 14, 2011
Hey! This is kind of urgent! A friend and I want to start selling shirts, tank tops etc. to friends at school … ones with our designs but we’re wondering… Is it legal or illegal to like buy a plain colored shirt(no design on it just a blank, plain, colored shirt), iron on our own design on it and then sell it? If it is illegal how can we legalize it and would we need our parents to do it because we are under 18?
Shaun says:
Dec 13, 2011
I want to know which do I need~a copyright or a trademark? If I created a particular group of words that I want to put on a T-shirt, like “A good woman is.. with a list”, which do I need?
AJ says:
Dec 12, 2011
@J Blunt, it’s unlikely that you’ll get in trouble for this, as I see several brands use this image on merchandise. I wouldn’t exactly recommend using the photo though. A better alternative would be to re-draw the image.
J Blunt says:
Dec 3, 2011
So I have a really important question!!! I have a business and we want to have buttons. We used one of Spike Lee’s picture of him looking up with the word “Brooklyn” on his hat and he’s suppose to be looking up at our logo. Would we get in trouble if we sold them or if we just gave them away? Thanks, and nice site!
AJ says:
Nov 17, 2011
D.Gillespie,
Sounds like your just making the t-shirts for fun. Since it’s not being mass produced and your not starting a business based on it, you shouldn’t get in trouble for it at all.
D. Gillespie says:
Nov 17, 2011
I was asked to create a Star Wars theme shirt for our school faculty to wear on spirit days. I was thinking of doing a picture of Darth Vader and Yoda. The image would be flat and in black and white. Would I get introuble for producing these?
Marcus W. says:
Jun 28, 2011
There is a website that I really like and I really would like to make t-shirts out of their orginal logo because I notice that they do ont make t-shirts for their brand name. I know if I did this whithout permission and they caught me I could be in big trouble. But I was wondering whether if it was possible to be able to get a licensing contract from big companies nowadays and be able to make products with their names on them without having to pay expensive licensing fees. How would I even go about trying to do something like this? And, would it even be worth doing?
Nikki says:
Jun 27, 2011
If you use a hanes t-shirt, or get a tshirt/tank top in the style you want, but it is made from a certain company, are there any laws regarding that company owning the t-shirt design? Otherwise each t-shirt would have to be hand-sewn, and I’m pretty sure not many people do that. I just don’t want to buy a shirt from a store, put my artwork/logo on it, and sell it, then find out it’s not legal
alicia says:
Jun 20, 2011
If my company name is trademark how can I get a traffic artist to come up with images based on the ideas I give them and still copyright the image so that I can build my brand by placing my company name in the inside label.
Joe says:
May 21, 2011
I have ideas for few different designs of t shirts that “parody” one very well known tv show that has a very recognizable logo.The logo has three words with 2 different colors inside and around a big circle.My idea is to use same colors,fonts and the same color circle,but each of the designs would have one or two changed or(variation) of the original words depending on which design it is.There is no vulgarity and no demeaning of the original logo or tv show whatsoever.Are there any problems in pursuing this or would it be advisable to have an attorney look at it?If so, would I need to protect myself in some sort of way before I even show it to an attorney?Thanks
rhea @ Movie t shirts says:
May 18, 2011
nice post on this tee law
Katie says:
May 14, 2011
I’ve been tie dying t shirts and customising them with iron on patches for friends and family for a small price, just wondered if it’s legal?
Drew says:
May 11, 2011
I want to parody a specific movie character and paraphrase a line that appears in the movie and on a copyrighted t-shirt in print to gear it towards mountain biking. Do I have to use a drawing that is similar to the picture on the available t-shirt and modify the content to work for my needs, or can I use the real pic that is modified if it is a parody? I want to make sure I do this right just in case it becomes popular…
Bart Dirix says:
Apr 24, 2011
Hi can I get in trouble by using the logo of facebook? It is not the main feature on my Tshirt. This is a picture i made. But the slogan I use with it has the copy of facebook inserted in the text.
Bevy says:
Mar 17, 2011
I designed a new shirt and sold about 50. I copyrighted the design. We expect to sell more. How will I know if someone else copies my images and recreates it somewhere else? Is it up to me to find out and then go after them legally?
Mike Witherington says:
Feb 8, 2011
I own the trademark for the term “Yeah Whatever” i have had shirts in TV shows and movies but it’s too much work for myself i want to license the TM, how do i find people or companies to license it from me?
Cory says:
Jan 31, 2011
Is it ok to use a brand name that you are trying to tell people not to use? Such as a t-shirt that says “Boycott Monsanto” or “Down with Cargill”?
AJ says:
Jan 29, 2011
@NATE,
Unfortunately this still wouldn’t be legal since you would still be making money off a reproduction of the artists painting. You may be able to get away with it by altering the art, or parodying it.
@TOM,
It actually wouldn’t be legal to print a copyrighted design for a customer, but depending on how this is executed, the likeliness of getting into legal trouble could be minimal. If you have a website displaying different design options customers can have printed, including some copyrighted and trademarked designs, there’s more of a chance that you’ll be asked to cease and desist, but if you just happen to run a print shop and customers just come to you with whatever designs they want printed without you suggesting them, then you’re just doing your job as a printer by printing their designs. Since you didn’t use the Superman logo or any other trademarked logo to get their business, it’s unlikely you’ll be in any trouble. Especially if it’s on a small scale production, like one shirt for one guy.
AJ says:
Jan 29, 2011
@NICOLE,
Thanks for reading, and I understand your concern. If you’re using images directly from Google and using them without altering them in any way, then it isn’t legal to sell them, since most likely they are legally protected. If you are using images from a screen printing kit of some sort, you may be able to produce and sell the image since it came with the kit, but you should confirm with the makers of the kit just in case.
Honestly in both these cases, it’s unlikely that you will get in trouble unless your project really takes off and is widely distributed, or if the images you use are widely recognized, but I really wouldn’t recommend using any images that aren’t yours regardless.
Nicole says:
Jan 26, 2011
I am starting a t shirt and onesie company. I am looking to screen print images on to the t shirts. I am not a graphic designer so I look for images on line or that came with the screen printing kit. Do I need to worry about being sued for using the images because I am “mass” producing them and selling them for a profit? I am not looking to get in trouble or get sued.
Thank you
Nicole
nate says:
Dec 2, 2010
Putting a picture of a famous painting and giving credit to the painter on a tshirt. is this legal?
Tom says:
Dec 1, 2010
Can I sell custom ptinted t-shirts that a customer chooses the design themselves and if they choose, let’s say a Superman logo. Can I get in trouble for printing it even though I’m just selling a printed shirt with HIS image/design?
Ann1 says:
Sep 30, 2010
If you had some one to help with the graphics on your t-shirt & you paid them.Does that truly belong to me? Could they come after once I sell the t-shirts for there share.
GrafixGirlRGB says:
Sep 12, 2010
There seems to be some confusion on here about the distinction between copyright and trademark. A trademark is a distinctive mark such as a name, logo, slogan, or other identifier that allows consumers to know what entity is providing them with a particular product or service. When you go shopping and see Coca-Cola, Dr. Pepper, and Sprite on the shelves you know that the product you are buying is consistantly the same product. You aren’t going to pop open a red can of Coka-Cola with the familiar colors, wave symbol and logo and taste Pepsi or some generic brand of soda. It will always be Coke. The more unique the trademark, the more services and products you supply under that trademark and the more you fight to protect it the stronger it is. For example you cannot sell another soda called Sprite but you could produce and distribute a doll called Sprite or title a book “Sprite” as long as you didn’t use other identifiers that are unique to Sprite the soda. Because Coca-Cola has a very strong trademark, it is unique, well known, is used to sell many types of items and they have fought to protect it you can do virtually nothing with the words Coca-Cola or the signature wave. So if your general practitioner is named Dr.Pepper he won’t be sued for trademark infringment but if he wants to produce a tasty beverage he’d better come up with a different name to call it.
Some of you are asking about trademark when what you really want to know is when and how to set up a business name. When? Before you begin doing business under that name. This way you can be sure that no one else is already operating under that name. Choose several names for your business. Then go to your local county clerks office and search the records for your proposed business name. As long as no one has already filed that name for that particular type of business you can file a DBA, Doing Business As form with the clerk. There is a nominal fee and you must continually renew it in order to protect your filing. This act will protect your business name for the type of business you’re doing in the state you live in. Keep in mind that if you’re running a dry cleaning facility called Smith and Son’s there is no stopping a convenient store of the same name from moving in next door. The more unique the name the less chance of that happening.
BTW-In order to gain national protection you must do business across state lines. I believe this would require a national database search to determine that no one else is already using your name in another state for the same type of business. This would probably would require another filing fee. I don’t know the details. I never needed to file nationally.
Heather says:
Aug 29, 2010
My daughter is wanting to design t-shirts & jeans with her own drawings. What is needed, if anything, to protect her designs. Thanks!
Joe says:
Jun 10, 2010
What if you wanted to make fun of famous characters? Like how Glennz t-shirt does over at glenzz.com? Is that protected
Those shirts are awesome and I always wondered if these are done under protection from parody laws since they are obvious mockeries. (i.e., robocop stuffed with donuts)
Reggie Mcentire says:
May 4, 2010
Thank you for all the information, great resource for any newbie.
Essie Hiscox says:
Apr 9, 2010
OK good to see- informed comments are always sweet! Peace.
daniel says:
Mar 25, 2010
Can you use symbols such as the official symbol of scooba divers on your shirt?
Peach says:
Mar 5, 2010
Great tips. This is another perspective of opening a business that I will have to look in to.
Luis V. Perez says:
Mar 1, 2010
Ok, you say not to trademark until I see a profit or else I’ll will be wasting my money. But what if someone else takes the label/brand and trademarks it for themselves is there anything I can do about that?
Nichole says:
Feb 26, 2010
How do I find out if the phrase I want to use has been copyrighted or trademarked? I haven’t seen it out there but i want to make sure.
Jess says:
Feb 16, 2010
Hi, I am designing t shirts for a company that is using images/logos from popular movies/shows, like Jurassic Park, Full House, etc. They tell me what they want, and I design them. I’m trying to write a contract for them to sign to basically say once I turn the files over to them, I can’t get into any trouble with any legal stuff for them using these images…even though I was their designer. What should I write??
nick says:
Nov 2, 2009
if i use a picture of a political figure and edit it in photoshop to be like the silhouette or something like that…e.g. like the marlboro man or elvis images you see, is that ok?
thank you
Ben says:
Oct 21, 2009
Thanks for the info. We just created a parody Tshirt using a recognized musician’s name based on an internet/twitter meme… I don’t know if it will sell enough to cause a stir but still we didn’t want to be too risky.. parody is the way to go
Jeff says:
Sep 25, 2009
Hi, thank you for the info but I want to know more specifications: If I use a picture from the internet, for example a picture of a famous singer but I modify that picture so it’s really not the same as the original with a program like Photoshop, is it legal if I plan to sell those T-shirts? and if I add a line of the singer’s song?
Georgette Mason says:
Sep 20, 2009
I want to use a (face only) photo of my 14-year-old granddaughter as the logo for my business (kinda like Wendy’s did only using a real photo). I also want to use the nickname I call her as the company name. My son does not have legal custody of her and her mother is a…ahem…well…anyway, what are the legalities here? I am submitting my items for sale at a large chain at its suggestion this week and hope to know ASAP. Thx!
Charles Douty says:
Sep 9, 2009
Is it legal to use a famous person’s name in a slogan for a t-shirt?
cory says:
Aug 12, 2009
Can I just buy blank t-shirts from fruit of the loom, hanes,etc.,
throw on a slogan, i thought of and it be legal?
ralph says:
Jul 29, 2009
Can i use the face and quote of a former president or govnor in a carricature on a tshirt?
David says:
Jul 25, 2009
Three questions assuming my shirts would be widely purchased:
1) For famous quotes, is it legal to put a quote from a well known movie on a shirt if I give someone credit. If so, who should I give credit to?
2) Can I put an image from a movie on a shirt if I give someone credit? If so, who gets credit?
3) Do the rules change if I’m parodying the quote or image from a movie?
thanks,
David
Tshirtmagazine says:
Jun 19, 2009
As far as trademarking a phrase/slogan, you could do it before it's being used, if it's in your budget, you have a solid plan for how it (the t-shirts) will sell, you know that this slogan has the potential to be big, and you're 100% sure that you will be keeping and using the phrase/slogan.
The problem is, if you trademark your phrase/slogan too early, you might decide after a month or two that you don't wanna use the slogan. If you didn't really make any sales in that timespan, then getting the trademark would have been a waste of money. I've faced a situation a couple times, in which I was so close to trademarking a slogan and brand name, only to end up not using it.
Common law does have some legal protection (mainly for copyrights) but in some cases, common law will not be enough protection, like if your in a legal dispute with an established company. I personally wouldn't trademark the phrase until it really starts showing great sales potential, but if you have the funds, go for it. You can actually begin filing for a trademark at http://www.legalzoom.com. And in the case that you decide you no longer want to use the trademark, you can stop the trademarking process and get your money refunded (BEFORE the trademark is officially processed). Hope that answered your question.
dave wachtel says:
Jun 17, 2009
Why wouldn't I trademark my phrase or slogan before showing it to the public? Won't somebody else trademark it? Is this becouse common law has as much legal protection as trademarks?
Tshirtmagazine says:
Apr 11, 2009
If, for example, you wanted to just illustrate a picture of Ray Charles on a shirt, there really isn't a problem with that, if you're loosely basing it on a photo. But, if you copy a well recognized photo of him, you could get into legal trouble with the photographer who took the picture. A lot of brands do go ahead and copy a well recognized photo of a famous person, and get away with it, but I wouldn't risk copying and pasting a famous photo.
Also, if you're a small brand and you copied a photo of a famous person, you probably wouldn't get in trouble for it. But if you're making millions of dollars off of the shirt designs and your brand gets really popular, you could risk getting in trouble.
Deborah Anderson says:
Apr 11, 2009
What if you want to put famous people on your t-shirts? Like of Stevie Wonder or Ray Charles? Are there limits to doing that?