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Beginner's handbook

Can I Print That? Copyright and Trademark 101

By on April 21st, 2020 Reading Time: 7 minutes

Let’s say you just heard an incredible song and you loved it so much that you want to print a t-shirt with the lyrics on it right away. You start preparing your print files, but then you’re struck with an important question: am I breaking any laws?

We get a lot of questions from customers about intellectual property, specifically—printing copyrighted and trademarked materials. Usually, a customer has a great idea they know will be a hit, but they’re not sure if it’s legal to print. In this blog, I’ll go over some rules to help figure that out.

Copyrights and trademarks are territorial. Unless you sell your goods to the US customers only, you should take into account other jurisdictions you target your goods at as well.

Before I continue, I’d like to point out that you are solely responsible for the content that you post and Printful doesn’t assume liability for copyright and trademark infringements. And this blog post should not serve as legal advice—consulting a copyright or trademark attorney is always the best route if you have questions about your products and intellectual property law.

What is intellectual property?

Intellectual property (IP) is a category of property that deals with creations of the human mind. Literary and artistic works, inventions, designs, symbols, names, and images used in commerce are all examples of intellectual property.

The reason intellectual property protection is so crucial is that it allows the rightful owner or author to reap the full benefits of their invention or artwork. If you’re an artist who makes a living with your work, you can imagine how devastating it is to have your artwork stolen and reproduced.

The most well-known types of intellectual property are copyright, patents, trademarks, and trade secrets. Let’s take a closer look at copyright and trademarks since this is the main type of IP that needs to be considered when creating designs for your print-on-demand products.

What’s the difference between copyright and trademark?

Copyright is a type of intellectual property geared toward literary and artistic works. Works covered by copyright range from paintings, photographs, books, music, videos to technical drawings, maps, advertisements, software, databases, etc.

This photo is Printful’s intellectual property and is protected by copyright

A trademark is a type of intellectual property geared toward items that help define a brand, such as company name, logo, or symbols, and that help distinguish one entity from another.

The Champion logo is Champion’s intellectual property and is protected by trademark

For example, Printful would copyright photos and videos it created, and trademark its name and logo.

Defending copyright is different from defending a trademark. If you require legal advice on a copyright or trademark issue, make sure the attorney you choose understands your needs.

Is there a copyright law and how does it work?

The term “copyright” is also its meaning: the author’s right to the copy of their work. In this context, a copy is a reproduction of any visual, written, or audible piece of intellectual property—anything written, photographed, drawn, painted, etc.

The US enacted its first copyright law in 1790. The US copyright law currently in effect was rewritten in 1976 and has been amended several times. This law defends the monetary value of artwork and inventions, and grants authors and artists these rights, among others:

  • to make and sell copies of their works, 
  • to create derivative works,
  • to perform or display their works to the public.

Note that the law doesn’t defend ideas that are still in the creator’s mind. The work must be original and exist in a physical form (e.g. paper, film, or recording). It also needs to be the result of some creative effort; the exact amount of creative effort is open to interpretation.

Copyright comes into effect immediately after the work is published (definitions of what “published” means varies).

For works first published before March 1, 1989, the copyright owner was required to place a written notice on all publicly distributed copies of their work. A copyright notice is a short line of text that lets the public know that the work is protected by copyright law and is not to be copied. This notice is no longer necessary, but it’s best to have it in case the creator needs to defend their intellectual property in court.

The rule of thumb is to never use copyrighted or trademarked material without the permission of their owner, but, as always, there are exceptions, and this is where the Fair Use doctrine comes into play.

The Fair Use doctrine

These four factors determine whether fair use applies to a case:

  • The purpose and character of the use of the copyrighted material. It’s usually acceptable to use copyrighted material for educational purposes, research, parody, or commentary. However, it will likely not be considered fair if it’s for commercial gain.
  • The nature of the copyrighted work. The more creative the work, the more heavily it’s protected under copyright. Statistics and facts aren’t protected under copyright and can be used without permission if you cite the source. The creation of artwork, novels, songs, poems, movies, or songs involves a lot more creative effort, and copying this type of material is less likely to support a claim of fair use than using a factual work.
  • The amount of work that was copied. How much of the copyrighted work was used in a given case?
  • The effect of use on the potential market or value of the copyrighted work. If you’re selling a shirt with a Batman print, it could keep people from buying original merchandise, which would likely not be considered fair use.

There can be cases that wouldn’t qualify as copyright infringement under the Fair Use doctrine, but it depends entirely on the situation.

More often than not, transforming or using someone else’s work without getting a license doesn’t constitute fair use.

How long does the copyright and trademark protection last?

Copyright and trademarks are subject to a time limit.

The term of a US federal trademark is 10 years, with 10-year renewal terms. To confirm that the mark is in use, you have to file a proof between the 5th and 6th year of registration.

The duration of copyright depends on the date in which the work was published and made available to the public. In the United States:

  • Anything published before January 1, 1924, is in the public domain, meaning it’s not protected by copyright. 
  • Works published between 1925 and 1978 are protected for 95 years after publication unless renewed by the author. 
  • Everything published after 1977 is protected for the duration of the author’s life and another 70 years after their death. After that, the creative work generally passes into what’s called the public domain.

Public domain works

Example of public domain artwork. Indian peafowl (Pavo Cristatus) illustrated by Charles Dessalines D’ Orbigny (1806-1876). Digitally enhanced by rawpixel

Public domain refers to creative works that are not protected by copyright, so anyone can use them in any way they’d like (while attributing the source or author of the work), including reselling or using the material to create new or updated versions without permission from the owners nor compensating them.

Please be aware that stock images may not always be free for commercial use even if the website says so. This is because anyone can upload any content to these platforms. That being said, there’s no proof whether the rightful owner of the intellectual property has authorized the third party to upload their content to these platforms and assign the “free for commercial status” for these images.

Better safe than sorry

It’s always best to err on the side of caution when it comes to copyright. When in doubt, assume that the artwork is subject to copyright. 

Here are some things you can do to make sure you’re not breaking the law:

Avoid using trademarks or copyrighted material. This is a no-brainer—don’t use trademarks or material that’s copyrighted. Create original designs or use artwork from the public domain. And if you’re not sure if your idea complies with copyright or trademark law, it might be best to leave it, or speak to an attorney.

Check copyright and trademark records. If you’re unsure about whether something is copyrighted or has been registered as a trademark, check the U.S. Copyright Records and the USPTO’s trademark database.

Get permission from the owner. Get a written permission from the creator to use the copyrighted material or trademark.

Consult a legal professional. A copyright or trademark attorney is your best resource for figuring out what you need to do in your circumstances.

Make sure to go through Printful’s Acceptable Content Guidelines, too. Note that at any time Printful may review and remove content that is hateful, illegal, and that violates intellectual property rights.

Copyright and trademark FAQ

Can I print a copyrighted picture for personal use?

You can’t legally use someone else’s intellectual property without getting permission. Any reproduction of copyrighted material is considered a violation.

How to get permission to print copyrighted material?

1. Find out who the owner is.
2. Find out what rights you need.
3. Get in touch with the owner and ask if they need payment.
4. Get your permission in writing.

How to avoid copyright infringement with t-shirts?

You need to either own the content you submit to your POD provider, or have the licence to use, display, and resell it.

What happens if someone breaks the copyright or trademark law?

It all depends on the details of the infringement and the actions of the copyright holder or the trademark owner. Penalties range from receiving a sternly worded letter to time in jail.

What do I do if I want to use someone’s trademark?

You need to get permission from the owner and a license. If the owner gives you permission to use their trademark, you may have to sign a licensing agreement specifying the terms of any commercial and noncommercial use, as well as pay them a licensing fee.

Are there any circumstances that allow me to use a trademark without the owner’s permission?

You must always ask the trademark owner permission to use it unless you use the mark for:
– informational or editorial purposes to identify specific products and services, or
– if you plan to use it to provide an honest comparison of products.

Are famous quotes copyrighted?

Quotes are also considered intellectual property. According to the US copyright law, the legal rights to a quote belong by default to its author (or speaker).

Can I use copyrighted material if I give credit?

No, giving credit does not excuse you from copyright infringement.
However, if you’re legally using someone else’s material, you should always cite the original source to avoid plagiarism.

Can I sell t-shirts with famous quotes?

If the famous quotes are from creative works that have passed into public domain, you can create designs with them.
If they’re not in the public domain, you must get a licence for commercial use.

When can I use copyrighted material?

You can use copyrighted material when you have received the author’s permission and signed a licensing agreement to get the license.

What can I do to protect my own artwork or logo for my brand?

In the US, you can copyright artwork by registering it with the US Copyright Office. You can register a trademark for your logo by submitting an application to US Patent and Trademark Office.

Am I allowed to use Printful’s clipart from the Design tab?

Clipart is Printful’s intellectual property. It’s allowed to use our clipart for commercial and non-commercial use as long as you use it on Printful’s products. See Section 4F in Printful’s Policies for more information.

Madara is passionate about the little details that make content great. She loves witty puns, fluffy cats, and devotedly studies the fine art of getting to the point.

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  1. Emilio López

    EVERYONE creating printed work needs to read this! I am not an expert but I always do my due diligence. I learned a few things AND am saving this article for future reference. THANKS! 😀

  2. J.B.S

    This! Thank you for the article. My work gets stolen so often and people believe they have the right to just use it because it is not exactly the same artwork but only resembles it….
    This is also copyright infringement as you are still stealing someones idea!!!
    If only people would understand better…

    1. Madara Zute Post author

      Hi there,
      Sorry to hear about your work getting stolen, I hope this post sheds light on this issue for others.

  3. MK

    can you address ‘fan’ art? As in a representation of a famous person – stylized so not realistic – but is still a representation in a positive light that relies on the person’s persona. Is this considered ‘fair use?’

    mkT

    1. Madara Zute Post author

      Hi there,
      Fan art is not really associated with fair use because fair use is related to making an exact or close to exact copy of copyrighted material.
      Fan art is an interpretation, so if your artwork is original (meaning, you haven’t just taken an existing photo of a famous person and recreated it in a brush technique), it can itself be considered an original work.
      Hope this helps!

      1. Teens On Acid

        I’ve had original artworks i’ve created as well as parody flagged and refusal to print. Its a tiring process going back and forth regarding fan art and the last straw was when my own personal art, not parody or resembling any existing characters was flagged. Printful is an amzaing service but there are better suppliers for this kind of content.

        1. Madara Zute Post author

          Hi there,
          We evaluate each content case separately. Even with original artwork — if the original logo/character can be clearly identifiable in your graphic and attributable to the original design, we won’t be able to print it.
          You can always reach out to the content@printful.com to clarify your questions regarding our Acceptable Content Guidelines.

  4. daniel

    Thank you for this article, Desperately need more information about this 🙂
    I wonder those trademark and copyrights apply to US only? Correct?

    1. Madara Zute Post author

      Hi Daniel,
      Thank you for your question! Copyrights and trademarks are territorial, so unless you sell your goods to the US customers only, you should take into account other jurisdictions as well.

    1. Madara Zute Post author

      Hi Christopher,
      Thank you for your question!

      Clip art from the design tab is Printful’s intellectual property. You can use our clip art for commercial and noncommercial use as long as you use it on Printful products.
      Here’s more information on this from our Policies, section 4F:

      Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to Printful. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Printful’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.

    1. Madara Zute Post author

      Hi Stephani,
      It’s usually acceptable to use copyrighted material for parody. However, it will likely not be considered fair use if it’s for commercial gain.

  5. Oluwaseun

    so what about patterns…
    I design my own patterns however there are a billion pattern designs out there and they all look alike….
    does that fall under these things
    just curious

  6. Geoff Keen

    G’day, does the protection offered by the US copyright and trademark sites you suggest cover all countries (say for artists from other countries who want to copyright or trademark their work.. AND.. does it have jurisdiction to protect globally?)
    Great article btw! Much ❤ from Downunder!

    1. Madara Zute Post author

      Hi Geoff,
      Thank you for your kind feedback!
      Copyright and trademark registrations and protection generally are territorial so the best thing to do is consult with a copyright or trademark attorney in your jurisdiction.

    1. Madara Zute Post author

      Hi Fabio,
      Glad you found our post useful!
      We suggest that you use a couple of sources to find out if someone owns the content that you want to use. You can also send design examples to content@printul.com for a review.

  7. Olddrich Studynka

    Thank you for this great info! I was looking for something like this.
    How does one can check if the text/quote/work is in public domain?
    Many thanks.

  8. Yann

    Hi,
    It’s a great article. However, I feel that it’s more focused on how not to infringe rather than how to protect! the last part is not very explanatory.
    I have been to the links you provided (copyright, trademark) yet I didn’t find a clear procedure on how to protect my artwork and designs online (I don’t live in the US).
    I have read about something called DMCA but I didn’t find any precise information on how to fill a legal procedure.
    Can you please be more specific about it ? Taking in consideration that most of us are just artists with no real business background.
    Thanks

    1. Madara Zute Post author

      Hi Yann,
      Thanks for your suggestion! I think that artwork and design protection might be a topic for a separate article.
      Since copyrights and trademarks are territorial and we focus on the US in this post, I suggest reaching out to a legal professional from your jurisdiction.

    1. Madara Zute Post author

      Hi Sana,
      We’re committed to following appropriate legal procedures to remove infringing content from our services.
      Please see Sections 3-5 of our Terms of Service for more information.

  9. Koki

    So if someone wants to use prints of Gucci, Louis Vitton, Chanel on a shirt or mask or anything, is that considered illegal?

  10. https://custom-paper-writing.com/blog/essay-editing

    I was always confusing these facts and terms but after reading your post I now understand all of it so very thankful to you.

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