Copyright vs trademark: What every creator needs to know

Every creator, designer, and small business owner needs to understand the difference between copyright vs trademark. Knowing these concepts allows you to safeguard your creative work and your brand identity. 

• Copyright protection applies to your original creative works, such as illustrations, written content, photos, and music. Its primary function is to give you the exclusive right to decide who can reproduce and distribute that work, and under what conditions.

• In contrast, trademarks protect the elements that represent your brand in the marketplace, including logos, slogans, and brand names, and are used to identify your goods or services in commerce. The goal of trademark protection is to prevent consumer confusion by blocking similar marks.

In simple terms, copyright protects the creative work itself, while trademarks protect the source of the work. 

For duration, copyright typically lasts for the life of the author plus 70 years, but trademark protection can last indefinitely as long as the mark is registered, renewed, and continuously used in commerce. 

This matters in print-on-demand because every design you upload may be considered intellectual property. You need to know what you can use legally and how to protect your own work.

To help ensure your store is compliant, this article will guide you through the key differences between Trademarks vs Copyright. 

Disclaimer:

This content is for informational purposes only and does not constitute professional advice. The content is based on our understanding as of the date of publication. Readers are personally responsible for complying with trademark and copyright law and are encouraged to seek advice from qualified professionals. Any actions taken based on this information are at your own risk.
We strongly recommend you consult an intellectual property attorney.

What is copyright?

Copyright is your automatic best friend as a creator; it’s the type of intellectual property that protects the art you pour your time into creating.

Identity and scope

• The basic idea: Copyright protects original works of authorship that have been captured or "fixed in a tangible medium." Think of it as protecting the expression of an idea, not the idea itself.

• What is protected: This covers a huge range of creative work, which comes in different forms—everything from your illustrations, photographs, and written content to music and even software code used in computer programs. Copyright protection does not extend to factual discoveries, inventions, or formulations like chemical compositions. 

• Tangible medium: This simply means the work is recorded in some physical or digital way, like a photo file or a printed manuscript.

Core mechanism and rights

The biggest benefit of copyright protection is that it grants you exclusive rights over your copyrighted work. This means only the copyright owner can:

• Reproduce or distribute: Make and sell copies of the work (like printing a design on a t-shirt).

• Adapt or create derivatives: Turn the work into a new derivative work (like turning a book into a film).

• Work publicly: Display or perform the work publicly.

Registration and lifespan

• When it starts: Copyright protection begins the moment you create the work.

• Registration perks: While registration isn't required for copyright to exist, going through the copyright registration process with the US Copyright Office offers significant legal advantages. For example, you must have a granted registration before taking legal action in federal court. 

• Duration: Copyright is long-lasting, typically covering the life of the author plus 70 years.

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What is a trademark?

Trademark is a legal tool that helps to protect your reputation. Trademark law safeguards your brand identity and helps customers easily find your goods or services.

Identity and scope

• The basic idea: A trademark protects elements that identify your business name and product source. It's about protecting the brand’s distinctiveness.

• What is protected: This includes your brand name, logo, slogans, and other distinctive elements used to identify your goods or services in the marketplace.

Core mechanism and registration

• Consumer protection: The core purpose of trademark protection is to prevent consumer confusion. Trademark law prevents others from using similar marks that could trick a buyer into thinking another product came from your business. For example, others trying to sell fast food are prevented from using famous symbols like McDonald’s golden arches. 

• When the protection starts: Trademark rights generally begin once you start using the mark in commerce, but filing for registration is what formally secures and strengthens that protection.

• Federal benefits: Getting federal trademark registration through the United States Patent and Trademark Office (USPTO) provides stronger legal benefits, including nationwide protection and the ability to use the widely recognized ® symbol once the mark is officially registered. Unregistered marks can still use the ™ symbol.

Duration

• Lifespan: Unlike copyright, trademarks can last indefinitely.

• Maintenance: To keep the trademark legally protected, the owner just needs to maintain continuous use in commerce and pay the necessary filing fees when submitting required renewal paperwork regularly.

What’s the difference between trademark and copyright?

The key differences between copyright versus trademark come down to the type of intellectual property being protected. If you want to protect the creative work itself, copyright is the right form. If you want to protect the branding that identifies goods or services, you should file for a trademark. 

1. Purpose

• Copyrights protect original creative works created by a single author or team and fixed in tangible form.

• Trademarks protect branding elements that help consumers identify the source of goods or services.

2. Protection and protection type

• Copyright protection applies automatically and provides exclusive rights to reproduce, distribute, adapt, and publicly display the copyrighted work. Copyrights protect creative works, including illustrations, derivative works, videos, and musical compositions.

• Trademark protection prevents similar marks from appearing in commerce and protects consumers from confusion. Trademarks protect brand identity elements such as logos, business name wording, and service marks. Registered trademarks provide stronger legal protection.

3. Duration

• Copyright lasts for the life of the author plus 70 years.

• Trademarks last indefinitely as long as the owner files renewals and keeps the mark in continuous use in commerce.

4. Registration

• Copyright registration is handled by the Copyright Office and is required before filing a federal lawsuit.

• Trademark registration is handled by the Patent and Trademark Office. Federal trademark registration provides additional legal benefits and nationwide protection.

5. Symbols

• Copyright: ©

• Trademark: TM (unregistered) or ® (registered trademarks)

Copyright vs Trademark in a glimpse

Copyright, trademark, and Print on Demand

Print on demand depends heavily on intellectual property protections because every uploaded design may be considered a creative work or a branding element. Knowing what is legally protected helps you avoid infringement and protect your own business name, logo, and artwork.

Copyright and POD

Copyright protection applies to original creative works used across a print-on-demand business, including designs printed on shirts, posters, embroidery patterns, artwork, digital designs, as well as original website content such as store visuals, written text, and policies.

If you upload your own original creative works, you own the copyright. Copyright protects your right to reproduce and distribute the design on merchandise.

However, you cannot use copyrighted material belonging to others without permission. Lyrics, movie stills, book characters, screenshots, and many images online are copyrighted. 

Even using them for personal use still requires permission. Copyright registration strengthens your rights if someone uses your design without authorization. 

Important: For rules specific to Printful, review our Intellectual Property Policy. 

Trademark and POD

Trademark issues arise when a design incorporates brand names, logos, slogans, or service marks owned by another business. This includes team logos, corporate symbols, brand-specific fonts, and recognizable design elements. 

Even similar marks can trigger issues because they may confuse consumers.

If you want to protect your own logo for your POD business, you can complete a trademark application through the USPTO. The entire trademark registration process can take months to complete. A trademark search helps ensure similar marks are not already registered or used in commerce. 

How to stay safe: Avoiding infringement

The best way to protect your business is to be proactive. Here are some practical ways you can avoid copyright vs trademark infringement when you're designing and creating custom products.

Copyright safety

When dealing with copyright law and creative work, the simplest rule is to use original works only.

• Create original designs. Always generate original works of authorship yourself.

• Use legal resources. Stick to content that is in the public domain or materials for which you have secured a license to reproduce and distribute.

• Request permission. If you must use someone else’s copyrighted work, identify the copyright owner and request formal written permission.

• Know your platform's rules. Make sure you follow your print-on-demand provider’s content guidelines.

• Secure your rights. If you want the strongest legal protections for your creative work, take the time to learn about the copyright registration process with the copyright office.

Trademark safety

To protect your business name and avoid infringing on someone else’s brand identity, focus on checking the market:

• Always conduct a trademark search before selling a product to check for similar marks or phrases already registered with the patent and trademark office. The trademark process requires diligence to ensure your mark is distinct.

• Avoid recognized marks. Steer clear of using well-known logos, brand names, and recognizable service marks from other businesses.

• Do not reference slogans. Never reference famous phrases or branded slogans that are likely to have trademark protection.

• Protect your brand. If you want to protect your own logo or business name, consider submitting a trademark application to the USPTO for federal protection.

AI-generated content and copyright

AI-generated content introduces new legal uncertainty. The copyright office has stated that works created entirely by AI without meaningful human involvement cannot receive copyright protection. Courts, including the Supreme Court, continue to examine authorship issues for AI-assisted content.

For POD designers, this means you should add real human creative input. Adjusting the artwork, directing the composition, creating derivative works, or combining AI output with original works may create a protectable creative work, although the law is still evolving. Review the terms of any AI tool to confirm you have the right to reproduce and distribute the output.

Pro tip: When using AI to generate graphic content, always use reverse image search tools (like Google Lens and TinEye) to verify that the output does not closely resemble copyrighted artwork or existing brand logos before you print.

To conclude–Better safe than sorry

Understanding the main difference between copyright and trademark helps you protect both your creative work and your brand identity. 

Intellectual property protections are essential for POD sellers because they reduce the risk of takedowns, protect your revenue, and help you build a trustworthy business.

When in doubt about the legal status of your hard work, ask yourself whether you need copyright or trademark protection for it. Use original works, check the trademark office database, and follow copyright and trademark guidelines.