Can You Put Copyrighted Logos on T-Shirts?

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After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.
Understand the Meaning of Copyright and Trademark
One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.
In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.
Understand the Parody Exemption
Both copyright law and trademark law allow the use of parody as an exemption to infringement. This is significant when it comes to shirts and logos because it means that you can use a logo that parodies an existing logo without being accused of copyright or trademark infringement. You would need to alter the original logo to such an extent that it is clear to anyone who sees the altered logo that you are engaged in parody or satire. For example, you could alter the Apple logo to include worms poking their heads out of the bitten apple. That would clearly indicate to your audience that this is a parody of the iconic Apple logo. But you have to be careful, because if the altered logo is too similar to the original logo, you could be accused of creating a copyright infringement shirt.
Understand Licensing and Permission
Rather than risk making a copyright infringement shirt, you can seek permission from the copyright or trademark holder. You can send an email or write a letter that specifies exactly how you intend to use the logo. The original creator may grant you permission under a licensing agreement that requires you to pay a flat fee for use of the logo, or a percentage of every shirt you sell with that logo. Failure to pay the fee or percentage agreed upon, however, will result in you selling a copyright infringement shirt.
Sampson Quain is an experienced content writer with a wide range of expertise in small business, digital marketing, SEO marketing, SEM marketing, and social media outreach. He has written primarily for the EHow brand of Demand Studios as well as business strategy sites such as Digital Authority.