Don't Get Sued! Legal Tips for Avoiding Copyright Issues in Print -on-Demand
Copyright infringement is a serious issue that every print-on-demand seller should take seriously. While the internet offers abundant resources, this doesn't mean you can freely use any material you find for commercial purposes; doing so could easily land you in legal trouble. This isn't an exaggeration; it's a legal matter, and copyright law protects the intellectual property of every creator. In this article, we'll guide you through understanding copyright law and provide you with the most practical advice to avoid copyright infringement in your print-on-demand business.
What Is Copyright and Why It Matters in Print-on-Demand
Copyright is a type of intellectual property that grants creators the exclusive legal rights to use, reproduce, and sell their original works. This includes images, works of art, logos, text, music, and even certain product designs. In other words, any artwork or design you create, whether digital illustration, photograph, or slogan, is automatically protected by copyright law without the need for registration.
So, what does this mean for you as an on-demand printing seller?
If you use random images found on Pinterest when designing T-shirts, mugs, or tote bags, you may be infringing on someone's copyright. Under US copyright law, unauthorized reproduction of someone else's copyrighted work is copyright infringement. Even if your intention wasn't malicious, the law may not care about your intent, especially if you're using it for commercial purposes.
However, if you use someone else's image to design a T-shirt for your own personal wear, that's a different story. Section 107 of the Copyright Law stipulates the fair use principle. If you use someone else's image to design a T-shirt solely for your own personal wear, which is considered non-commercial personal use, this purpose and nature of use is generally more likely to be considered fair use and does not constitute copyright infringement.
In the print-on-demand industry, copyright issues are ubiquitous , and the consequences of infringing on someone else's copyright can be severe. These range from having your products removed from Etsy or Shopify to losing your entire store and even facing legal action from copyright holders.
Common Copyright Mistakes POD Sellers Make
While copyright infringement in print-on-demand isn't always malicious, most sellers simply don't realize they're doing something wrong. Here are the most common copyright pitfalls print-on-demand sellers encounter, and how to avoid them.
Using Images Found on Google or Pinterest
This is a copyright mistake that almost everyone makes. In short: just because an image appears online doesn't mean it can be used for free. Images appearing on the internet, even without watermarks and copyright notices, are likely protected by copyright. If you print that image on a mug or T-shirt and sell it, it's equivalent to selling someone else's artwork without permission. That's clearly copyright infringement.
How to avoid:
- Contact the copyright holder to authorize commercial use and pay the copyright fee.
- Purchase images with commercial licenses .
- Download images from verified "free for commercial use" sources , such as Unsplash.
Copying or Referencing Popular Brands and Logos
Some sellers may borrow designs from well-known brands to rip off their popularity, such as Nike's swoosh, Disney characters, or Starbucks' logo. They may think they're being clever, but this is actually blatant copyright infringement. Even "parody" versions can violate trademark and copyright laws if they cause consumer confusion or damage the original brand's image.
How to avoid:
- Design a unique and recognizable logo for your brand.
- Try to avoid using elements from well-known brands in your designs.
Selling Fan Art Without Permission
Many people are enthusiastic about printing and selling fan art featuring Marvel superheroes, Japanese anime characters, and video game characters. These products have a large audience and a large following, but they are also a major area of copyright infringement. Although fan art may seem harmless—you're simply expressing your appreciation for a favorite show or character—from a legal perspective, it still constitutes the use of someone else's intellectual property.
How to avoid:
- Obtain authorization from the copyright holder
- There is an official fan art policy that allows limited use for non-commercial purposes.
- Focus on original design
Using Unlicensed Fonts or Clip Art
Fonts, icons, and vector elements are also protected by copyright. Many "free" font downloads are licensed for personal use only and may not be used for commercial printing. The same applies to clipart packages from unknown websites.
How to avoid:
Always review the license agreement before using any design resources. Do not use them if commercial use is not permitted.
Reusing "Free" Designs from Marketplaces
Websites like Canva, Freepik, or Vecteezy offer tons of ready-made graphics, but they come with fine print. Many of these assets can't be resold “as-is” , meaning you can't just download a pre-made design, slap it on a T-shirt, and sell it.
How to avoid:
- The original design was significantly modified by adding text, combining elements, and changing the layout to create a new work .
- Carefully review the website's terms of business , especially the terms regarding print-on-demand (POD).
- If conditions permit, consider purchasing an extended license to obtain full commercial rights.
Ignoring Copyright on Quotes, Lyrics, or Movie Lines
If you think copyright law only protects artistic and literary works, you're wrong. Hey bro, didn't expect that? Using quotes from your favorite movies or song lyrics can also infringe on copyright, but these words are generally protected as well. If you quote "May the Force Be with You" from Star Wars in your T-shirt design, it could get your design taken down.
How to avoid:
- Use your creativity to come up with some interesting variations, and don't just copy the quotes directly.
Legal and Safe Ways to Create POD Designs
How can you create compelling and profitable designs while adhering to copyright laws? Follow these tips to avoid copyright infringement and protect your print-on-demand business:
Create Original Artwork
The best and safest way is to create your own designs. Whether you use hand-drawn, digital, or AI-powered designs, as long as it's your original design, you own the full copyright and don't need to worry about legal issues. If you're not a designer yourself, you can hire freelance artists on platforms like Fiverr and Upwork. However, you must ensure that the contract clearly states that you own all commercial copyrights to the work.
Buy Commercially Licensed Resources
If you prefer to use pre-made elements (such as icons, backgrounds, or patterns), ensure they come with a commercial license. This gives you the legal right to use the material in print-on-demand designs . Be sure to download and keep your license documents or purchase receipts safe. These documents are the most important credentials protecting your account security should the platform question your design.
The following channels are excellent sources of material:
- Creative Market
- Envato Elements
- Freepik / Vecteezy Pro
- Canva Pro
Consider Using AI Ethically
There has always been some controversy surrounding AI-generated artworks, mainly due to the gray area surrounding ownership and copyright . This is because some AI models are trained on existing works of art. So, the question arises: if the original artist hasn't authorized the use of their work for training a large model, does generating a work with a similar style using that model constitute copyright infringement?
This could be legally questionable.
AI design tools like Midjourney, DALL·E, and Canva AI are excellent at sparking creativity . Many POD sellers currently use them to create designs without significant risk. Perhaps you could try using AI for brainstorming or generating rough concepts, then redraw or refine the design yourself. However, I don't recommend selling AI outputs "as is" ; you should at least incorporate some of your own design elements.
Learn more about how to generate artwork using AI.
Trademarks vs. Copyrights: What ' s the Difference?
Many newcomers to the print-on-demand business easily confuse trademarks and copyrights, but they actually protect different things.
Copyright protects creative works such as illustrations, photographs, songs, and text. Copyright takes effect automatically the moment a work is created. Therefore, if you download someone else's work from Pinterest and print it on a hoodie, you are infringing on copyright.
On the other hand, trademarks protect brand identities, representing a company's name, logo, and slogan. Even if you did all the other designs yourself, using Nike's swoosh, the word "Starbucks," or a slogan like "Just Do It" on your products could lead to a trademark infringement lawsuit.
In short: copyright protects artwork, trademarks protect brands. To ensure safety in print-on-demand, avoid both—do not use other people's artwork, and do not use anything that looks like an existing brand name or logo.
How to Handle Copyright Claims and Takedowns
If you unintentionally get caught up in a copyright dispute, how can you minimize your losses?
Understand What a Takedown Notice Means
When a copyright holder believes that your design infringes on the rights of others, they can file a DMCA removal notice.
If a platform (such as Etsy, Redbubble, or Amazon) receives such a notification, they must remove your product in accordance with the law .
Don't ignore it.
If your store receives a copyright notice from the copyright holder, ignoring it is the worst thing to do. Repeated violations may result in your store being permanently closed, payments being frozen, or funds being withheld. This will also severely damage your seller reputation. Please read the notice carefully and take action within the specified time (usually 7-14 days).
Review the Design Objectively
Take a step back and ask yourself:
Have you used any copyrighted elements, even if only partially?
Is this design completely original, or is it based on an existing work?
If you realize you've made a mistake, take responsibility. Completely remove the design and learn from it. It's not worth jeopardizing your entire business for one product.
Gather Your Proof
If you are convinced that your design is original or legally licensed, you can immediately gather evidence to support your claim . Any original design files (PSD, AI, Procreate files, etc.) , as well as license receipts or agreements for any elements used and timestamps or drafts showing the design creation process, can serve as evidence. This document will be your best adjudicating evidence if you decide to challenge your claim.
File a Counter-Notice
If you believe the platform has wronged or abused its decision to remove your content, you have the right to file a DMCA counter-notice. This means you are informing the platform that you object to the statement and wish to have your content reinstated. Your counter-notice should include the following:
- A statement indicating that you believe the removal operation was incorrect.
- Your contact information
- A statement (and a willingness to bear legal responsibility for perjury if any false statements are made) declaring that your statements are true.
- I agree to be governed by law (DMCA legal requirement).
After submission, the platform will forward the appeal to the original complainant, who will then have 10 to 14 business days to file a lawsuit. If the original complainant does not file a lawsuit, your business information will usually be restored. Note that you should only submit a counternotification if you are absolutely certain that your design does not infringe on any rights. Submitting a false counternotification may result in legal liability.
Learn to Recognize False or Malicious Claims
Some competitors may abuse the DMCA process to harm other sellers. They may submit false complaints in an attempt to remove your product listings. If you suspect this is happening, provide evidence to the platform's legal team and request a review . Platforms like Etsy and Redbubble take fraudulent DMCA complaints very seriously , and repeat offenders may be banned.
When in Doubt, Get Legal Advice
If the situation escalates , for example, if you receive a cease and desist notice or a threat of litigation , consult an intellectual property lawyer . They can help you develop a strategy to prevent the situation from worsening.
Some legal resources useful for POD sellers
US Copyright Office
Here you can search public records to learn how to register your work and what rights you have if someone copies your design.
USPTO Trademark Database
The United States Patent and Trademark Office (USPTO) can help you check whether a word, slogan, or logo has been registered as a trademark . Before designing, a quick search here can prevent your product from being taken down.
Creative Commons License Guide
https://creativecommons.org/licenses/
Unsure if the images or graphics you found are safe to use? This guide explains the different types of Creative Commons licenses , ranging from "free to share" to "no commercial use. " If you intend to use "free" content in your designs, please read this section first .
DMCA
If someone steals your work or re-uploads your product to other websites, DMCA.com can help you submit a takedown notice quickly and professionally.
FAQs
Do I need to register my designs for copyright protection?
Not necessarily. Copyright protection applies automatically as soon as you create an original design. However, official registration with your country's copyright office (like the US Copyright Office) gives you stronger legal rights , especially if you ever need to take legal action against someone copying your work.
What about fan art? Is it allowed in POD?
Technically, fan art is copyright infringement unless you have permission from the rights holder. Some companies tolerate it for non-commercial use, but once you start selling, it becomes a legal risk. It's safer to create inspired-by designs rather than direct fan art.
Can I sell designs made with AI tools like Midjourney or DALL·E?
It depends on the platform and the AI tool's terms. Some AI-generated images may have unclear ownership or use copyrighted training data. Only sell AI art if the tool explicitly allows commercial use , and ideally, make modifications so the final product is clearly your own work.
Conclusion
Copyright law is very strict and grants rights to original authors. If you want to create derivative works, you need to overcome numerous obstacles to avoid penalties for copyright issues. The best strategy is to create original designs, use only licensed content, and closely monitor legal developments in the print-on-demand sector. Taking a few minutes today to carefully review your work can save you weeks of trouble later. Your creativity deserves protection, and the work of others deserves respect. Protecting copyright starts with you!
Learn more about Print on Demand and starting a print-on-demand business.