Can You Sell Shirts with Copyrighted Images on Them?

The short and definitive answer is no, you cannot sell shirts adorned with copyrighted images legally, unless you have the proper permissions or licenses. It is often a misconception that simply not making a profit or if the images are not official merchandise can make it acceptable. However, these are irrelevant factors in determining the legality of using copyrighted material.

1. Copyrighted Images vs. Official Merchandise

One of the prevailing arguments is whether the images are official merchandise. However, if you do not own the copyright to the image, selling a shirt with it, regardless of whether it’s an official product, still falls under copyright infringement. The image does not become legal simply because it’s not an officially sanctioned product.

2. Profit or Not

Another perspective is that if you are not making a profit, it is legal to sell these shirts. This is a misconception. The legality of using copyrighted material is not determined by profit margins. Whether or not you generate revenue from the product is irrelevant to the legal ramifications.

3. Modifying and Reselling

Even if you purchase printed shirts with a copyrighted image and then add personal text or other content, it does not make the resale legal. This practice is often referred to as the "additive modification" theory. The primary consideration remains: do you have the copyright owner's permission?

4. Licensing and Permission

Legally selling shirts with copyrighted images requires obtaining a license from the copyright owner. This is an explicit agreement that gives you permission to reproduce and sell the images. If you are using trademarked images, you also need a license from the trademark owner.

5. The Online T-Shirt Business

The online t-shirt business is particularly high-risk and prone to legal disputes. Many entrepreneurs find themselves in legal trouble due to improper use of copyrighted content. Even LSU, a well-known institution, can sue individuals for unauthorized production and sale of printed merchandise. If an LSU alumnus prints up LSU shirts and sells them, they could face significant legal challenges, including criminal charges or civil litigation.

6. Long-Term Consequences

While the temptation to take shortcuts and circumvent copyright laws is understandable, it’s crucial to recognize the consequences. You can avoid legal action as long as you don’t get caught, but the moment you are prosecuted, the penalties can be severe. These can include significant fines, legal fees, and even criminal charges.

Conclusion

Successfully navigating the complex legal landscape of selling shirts with copyrighted images is crucial. Obtaining the appropriate licenses is not just a good practice but a legal necessity. Understanding and respecting copyright and trademark laws can help you avoid legal trouble and build a successful, ethical business.