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!
57 comments
Mae says:
Apr 1, 2012
This is a great site. I was wondering if there’s a legal issue to use a famous persons name in a poem or a book, if the person was born in the 1800′s? Thanks
Lauren says:
Mar 27, 2012
Is it legal to sell a t-shirt with your states “soon to be” motto? We created the t-shirt online from sracth but want to sell it to the public? My husband and I want to sell them and make a profit. Are we considered a business if we do this? Is there any type of license or anything we need. We just creativly thought about this last night and want to get started.
Dude says:
Mar 11, 2012
Say I draw a really awesome picture. Can I iron that on to a t-shirt if it is all my own work? even if it is a popular t.v show. Oh and i’m just planning to wear it for me not selling
Brandon says:
Mar 5, 2012
I know someone who gets brand name surf and skate shirts like hurley and others for a few dollars each. He buys in bulk from a liquidator. Can we get in trouble/sued for selling on our online store since we didn’t buy directly from the brand? The are all legit with tags and not rip offs (overprints & last years clothing that they didn’t sell).
boobar says:
Feb 24, 2012
Images from the internet are usually protected by copyright, unless their from a non-photographer’s photo album or something
This statement is incorrect. Any photograph is copyright to the person that took it (unless they have sold the rights to another party), regardless of whether they are a photographer or not. Aunty mavis’s snapshots from her phone on facebook are just as copyrighted as Baron Wolmans images of Hendrix
Brown says:
Feb 11, 2012
For example: if I want to make T-Shirts with Albert Einstein pictures and quotes where do i get permission for it?
Dani Bo says:
Jan 31, 2012
A few friends and I recently thought about selling shirts of a phrase we often say. We drew up a logo and all fell in love with our new business idea. We started doing our research and found out there is a band on tour that had used the exact phrase we were going to TM/patent as one of their album names, and also had a book made with that same phrase as the title. I’ve searched on uspto.gov to see if the phrase was patented and nothing showed up. We are trying not to lose hope, but would this completely put our idea on hold??? I definitely do not want to get into legal trouble with the group! Our phrase, by the way, has nothing at all to do with the band and has a completely different meaning and brand to it completely.
Any advice would be AMAZING
Thanks!!