Did you know that 70% of print-on-demand sellers are actually violating copyright laws? This statistic is staggering. Although a minority of them have full awareness of what they are doing, I believe that many have no idea that they are actually violating copyrights.
Failure to adhere to the copyright laws can lead store ban and potentially serious consequences, such as substantial financial penalties and lawsuits from copyright holders.
You might be tempted to sell print on demand products with Disney, Marvel, or anime characters, but that’s a really bad idea! In this post, we will go through what you should and shouldn’t do to protect your print on demand business from legal headaches and the risk of losing your business.
The information on this blog is not intended as professional advice. Any reliance you place on such information is strictly at your own risk. Before making any financial or legal decisions, it is advisable to consult with a qualified professional. To read more, go to Disclaimer.
What Is Copyright?
Copyright is an intellectual property law that gives creators exclusive rights to determine who and how their original works can be used. In POD, it means the designs, images, text, and artistic creations. Copyright protection is automatic in most countries; it is obtained the moment a work is created, and no registration is required.
What Is a Trademark?
A trademark is another type of intellectual property law that helps brands, products, or services to distinguish themselves from others. This includes protecting identifiers such as symbols, names, logos, and phrases. Unlike copyright, you will need to register your trademark for protection against unauthorized use and confusingly similar marks.
If you are creating a design of a Disney character and include the word “Disney” or the character’s name on your items, you are violating both copyright and trademark laws.
Common Copyright Mistakes in Print on Demand
Using images from Google searches
The first thing you may think about when you are looking for a particular image or an element to be added to your design is probably searching on Google. The thing is, just because an image appears in search results doesn’t mean it’s available for commercial use. Images you see on Google are often protected by copyright law, and you are not allowed to just copy and paste them onto your designs.
Royalty-free vs copyright-free
Royal-free is not the same thing as copyright-free. While the small distinction between the two may not impact your use of these properties in most cases, understanding the differences can make sure that you are legally safe at all times.
Copyright-free means the copyright has expired or been waived entirely. They are public domain, which you can use freely however you want.
Royalty-free means you pay once and can use the image multiple times without additional fees. However, the creator of the copyright holder still owns the work, and its use is always governed by specific terms. For example, you might only be permitted personal use or be prohibited from reselling the work to others.
Font copyright violations
Fonts can also be copyrighted. Many websites offer free fonts, but some of them are only allowed for personal use. When searching for fonts online, always check the licensing terms and make sure that they are permitted for commercial application.
Caution with AI images
Images generated by AI are generally not copyrighted. However, if you are asking AI to create Disney characters, you are still violating infringement laws. Apart from that, different AI image generators will have different terms and regulations for using these images commercially, so make sure you read and understand their specific commercial usage policies.
Fair Use in Print on Demand Business
Fair use(or fair dealing, a similar but more restrictive doctrine in some countries) is a doctrine that grants you limited use of copyrighted work without copyright infringement. Parody and satire are some common examples of fair use in POD. However, if you wish to implement this doctrine for your own projects, understand that it’s a grey area where you might and might not get protected.
When judging whether a particular use of copyrighted material constitutes fair use, several factors may be considered:
- Purpose and character of use
- Nature of the copyrighted work
- Amount used
- Effect on the market value
Your POD businesses are likely to weaken a fair use claim because you’re selling products for profit, not creating educational content or commentary. However, this is to say that all commercial uses are fair. If you are not confident in your judgment and are afraid of potential copyright infringement, consult with a qualified intellectual property lawyer.
How to Avoid Copyright Infringement In POD
Creating Original Designs and Content
The best copyright protection is creating 100% original content. This may seem impossible, as your designs are made from references to other designs you see. One way to avoid unconsciously recreating others’ designs is to make a note of specific elements that attract you and create your designs from that inspiration, instead of directly observing or attempting to replicate the original artwork while you work. Unless you have photographic memory, it’s very unlikely that you create an identical design.
Building a library of original assets
Creating your own library of design elements saves time and eliminates copyright concerns.
This includes photographing your own reference images, creating original illustrations, and developing custom lettering styles. It’s more work upfront, but it pays dividends when you need them.
Use public domain material
You don’t have to be a design expert to succeed in print on demand. You can use public domain designs in your POD products without worrying about copyright infringement. However, to make your designs truly unique and stand out from competitors, consider creatively combining different elements instead of simply copying and pasting them onto your products. And since you can use public domain material however you want, you would never violate copyrights by referencing them.
Licensing and Purchasing Rights
Purchase a license from legitimate stock photo sites. Shutterstock, Adobe Stock, and Getty Images offer clear licensing terms and legal protection. Always read the licensing agreement carefully. Some licenses restrict the number of items you can sell, while others limit geographic distribution. For example, some photos on Shutterstock are “Editorial Use Only” and Adobe Stock offers different licenses, and only the Extended License allows commercial use of the stock photos.
International Copyright Considerations
If you are planning to sell your POD products globally, you should understand that the copyright laws may vary significantly between countries; what is legal in the US might not be legal in the EU or Australia. Understanding and adhering to the copyright laws of the country you plan to sell to is non-negotiable.
Protecting Your Own Designs
Register copyrights
Although copyright protection is automatic, in some countries, such as the US, taking a further step to register copyright provides additional legal benefits. The registration certificate can be used as evidence of the originality of your work, and registered rights allow you to collect attorney fees and statutory damages in infringement cases.
Watermark your designs
Visible watermarks can prevent competitors from downloading or screenshotting your designs from your store and using them on their products. You can create an image with a subtle watermark and use that for the product listing. The actual POD product itself won’t have the watermark, but it will be visible on the online image.
Monitoring for unauthorized use
Google’s reverse image search is extremely convenient in helping you find unauthorized use of your designs. When you notice someone selling your designs, contact the person and report to the platform that they are selling.
Conclusion
Navigating print-on-demand copyright can be daunting, but once you understand the basics and develop good habits, it puts your business in a much safer situation. The key is respecting others’ intellectual property while protecting your own creative work.
If you are tapping into the grey area or suspect you might infringe on someone’s copyright, the best action is to avoid it entirely or consult with a lawyer.
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