{"id":3190,"date":"2020-11-06T11:44:20","date_gmt":"2020-11-06T11:44:20","guid":{"rendered":"https:\/\/shirtee.cloud\/blog\/?p=3190"},"modified":"2021-03-05T08:37:02","modified_gmt":"2021-03-05T08:37:02","slug":"can-i-sell-that-how-to-find-your-way-through-the-copyright-jungle","status":"publish","type":"post","link":"https:\/\/shirtee.cloud\/blog\/can-i-sell-that-how-to-find-your-way-through-the-copyright-jungle\/","title":{"rendered":"Can I Sell That? How to Find Your Way Through the Copyright Jungle"},"content":{"rendered":"\n

Looking for new designs for your t-shirts<\/a><\/strong>, hoodies<\/a> <\/strong>or mugs<\/a><\/strong>? You can find suitable designs for your Print on Demand products on countless websites on the Internet. But you don’t automatically have the commercial rights of use for every design. If you sell graphics, texts or images without the necessary rights<\/strong>, this can be quite expensive in the worst case. In case of legal disputes, you have to take responsibility<\/strong>.<\/p>\n\n\n\n

No matter if you are new to dropshipping or already selling successfully for years: in the copyright jungle it is sometimes difficult to navigate. I’ll give you an overview of which subjects<\/strong> you are allowed to sell on your print-on-demand<\/a><\/strong> products and what you should better keep your hands off<\/strong>. We clarify the question of who has the rights to a design or slogan<\/strong> and is allowed to make money with it. You will also get valuable tips that will help you find your next t-shirt design<\/strong> in no time. Please note: this article does not replace comprehensive legal advice, but gives you a first insight into the topic.<\/p>\n\n\n\n

In this blog post you will learn why copyright, the right of use and trademark law are important for you in print-on-demand and dropshipping<\/strong> and how to stay on the safe side.<\/p>\n\n\n\n

Why Print On Demand and Dropshipping?<\/h2>\n\n\n\n

The print-on-demand<\/a><\/strong> principle sounds almost too good to be true: you just upload your design<\/strong>, place it<\/strong> on a wide range of products and publish it online<\/strong>. You can sell products in your own online store<\/a><\/strong> (e.g. with Shopify<\/a><\/strong>) or on marketplaces like Amazon<\/a><\/strong>. Once your print-on-demand products are online, you only have to take care of the marketing<\/a><\/strong>. You don’t need a warehouse<\/strong> at home and you don’t have to deal with production and shipping<\/strong>. With Shirtee.Cloud as your dropshipping partner you can build your own brand<\/a><\/strong>, because we produce and ship everything in your name. In addition, you can have your own products with different labels in your design<\/a><\/strong> and take your brand to the next level.<\/p>\n\n\n\n

As you can see: with Print on Demand and Dropshipping you can realize the vision of your own online business<\/strong>. It allows you to open your own merchandising store<\/a><\/strong>, start a fashion line<\/strong> or establish a second mainstay<\/strong>.<\/p>\n\n\n\n

When designing your products, you must make sure that you own the rights to use<\/strong> the designs. Shirtee.Cloud<\/a><\/strong> is not responsible in case of copyright or trademark infringement<\/strong>. Even if a print-on-demand product does not pass through your hands before being sold, you as the seller are responsible for your designs. But what are copyright and trademark law<\/strong>?<\/p>\n\n\n\n

Mine, Mine, Mine! Copyright and Trademark Law<\/h2>\n\n\n\n

Copyright and trademark law both protect “intellectual property<\/strong>“. This includes intangible products<\/strong> that are in the possession of the respective creator. Uh\u2026 what? In plain language, these can be pictures, words, melodies, ideas, trademarks or also inventions<\/strong>. Which of these “intangible products” are protected in which way is defined in the legal fields of copyright, patent law, trademark law<\/strong> and other areas. For your online business with print on demand<\/a><\/strong> mainly copyright and trademark<\/strong> law are important, which is why I will focus on these two in this article.1<\/sup><\/p>\n\n\n\n

What is Copyright?<\/h3>\n\n\n\n

Copyright law protects the intellectual property of a single person<\/strong> when the necessary level of creation<\/strong> is reached. This means that an image or text must be individual and creative<\/strong> to be protected by copyright. From the moment of creation<\/strong> (i.e. even before publication) the creative person holds the exclusive copyright to the product. He or she determines what happens to his or her own work and who receives rights of use for it. So if you want to use someone else’s copyrighted work for your designs, you need the respective rights of use<\/strong>. It must be specified for which form and duration of publication these apply and whether you are allowed to use a work for commercial purposes. In addition, creators have the right to receive appropriate payment for the rights of use. The copyright is valid until 70 years after the death of the author<\/strong>. A picture by van Gogh (\u2020 July 29, 1890) could be sold via print-on-demand without any problems if it is not protected by trademark law.2<\/sup><\/p>\n\n\n\n

What is Trademark Law?<\/h3>\n\n\n\n

Also trademark law is relevant when it comes to print-on-demand<\/a><\/strong> and dropshipping<\/strong>. Because no matter whether you build up a brand yourself or let yourself be inspired by established brands – trademark law regulates how brands are protected<\/strong>. A trademark can be a word or an image<\/strong>, but also a product or an entire company<\/strong>. Some famous examples are the Apple logo (picture trademark), PHILIPS (word trademark) or Nutella (product trademark). Trademark protection comes into effect in Germany when a trademark has been registered at the Deutsches Patent- und Markenamt DPMA<\/a><\/strong>. If a trademark is registered there, the applicant or the publisher has the exclusive right to use the registered trademark<\/strong>. If you want to use a registered picture trademark for your T-shirt designs, you will need permission<\/strong>. Without this permission you are not allowed to use protected trademarks commercially<\/strong>. To do so, you should contact the rights holder and buy a license.3<\/sup><\/p>\n\n\n\n

To get information on how to register your own brand, click here<\/a><\/strong>.<\/p>\n\n\n\n

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If you have registered your logo as a figurative mark at the DPMA, no one else is allowed to use it without your permission.<\/figcaption><\/figure><\/div>\n\n\n\n

… or what?<\/h3>\n\n\n\n

If you violate copyright or trademark laws, this can be very expensive for you<\/strong>. If you use copyrighted content without owning any rights of use, the author can claim for omission, damages, destruction, recall, surrender and information<\/strong>. In the case of trademark rights, the owners are entitled to injunctive relief or damages<\/strong>. In many cases of copyright or trademark infringement, a warning <\/strong>is sent, claiming omission or damages. Especially claims for damages<\/strong> can cost you a lot as a dropshipper. Depending on whose rights you violate to what extent, immense sums can be demanded from you.1<\/sup><\/p>\n\n\n\n

So it’s better to double-check when using legally protected content.<\/p>\n\n\n\n

What Can I Sell?<\/h2>\n\n\n\n

Enough of what you are not <\/strong>allowed to use for your own print on demand collection<\/a><\/strong>. You are allowed to sell everything that is not covered by intellectual property or protected<\/strong>. This includes:4<\/sup><\/p>\n\n\n\n