How to Get Licensing for Shirts

By Tom Streissguth

Anyone producing T-shirts or other apparel for sale must get permission in order to use any image, trademark, logo or design that is protected by copyright. If the copyright has been registered with the U.S. Copyright Office, then the copyright holder has the right to sue for damages if his creation is used for profit without his permission (there is no enforcement without registration). Thus it is very important to secure that permission, which in most cases will involve a licensing arrangement.

Contact

The first step in getting a license for a copyrighted design is to contact the copyright holder. In the case of a product logo, you would need to contact the manufacturer. For a television show or movie, you contact the studio or producer holding reproduction rights. In the case of an individual who is not generally known to the public, you need to contact that person and secure a signed model release, which allows you to publicly reproduce his image.

Sublicensing

The copyright holder may have granted exclusive rights for the use of the image to another apparel manufacturer, in which case you will not be able to secure a license unless you contact the manufacturer and arrange a sublicense. There may be restrictions on any sublicensing deal this manufacturer can make, as set down by the copyright holder.

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Royalties and Fees

The copyright holder may ask for royalties and/or fees for the right to reproduce the copyrighted image. This may involve a flat-fee contract, in which you pay a set price for the right to make a limited run of clothing including the image. Or, it may involve a royalty, in which you pay a percentage of the money -- usually the gross receipts -- that you earn by selling the apparel.

Original Designs

If you have created an original design and want to protect it, you must register your copyright from the U.S. Copyright Office. This federal agency allows you to register online through the Electronic Copyright Office. You need to upload a digital photograph of your design and pay a fee for the registration. This process takes an average of three months, considerably shorter than the average 10-month waiting period for a paper application.

Pirated Images

It's important to remember that you can't subvert the copyright laws by designing your own logo or image in imitation of someone else's creation. Thus, selling T-shirts with a Mickey Mouse look-alike printed on the front risks a lawsuit by The Walt Disney Company, which holds the rights to the original image and is quite diligent in prosecuting violations of its copyrights. You can search for designs and logos under copyright by using the U.S. Patent and Trademark Office's Trademark Electronic Search System.

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References

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How to Copyright Cross Stitch Designs

Because the point of creating a pattern is normally to allow others to make derivative works from it, you may wonder how, and even if, you can get a copyright. A cross stitch pattern, like other original works, is protected by copyright as soon as it is created, even if it has no copyright notice and is never registered with the U.S. Copyright office. But if someone ever copies your pattern illegally, you must register your copyright before taking the infringer to court. This is something you may want to seriously consider, because someone photocopying your pattern for others to use, could significantly cut into your potential sales.

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You must secure permission to reproduce images under copyright. The copyright holder may be an individual photographer, an agency that offers the use of images, a museum or library that has the rights to a collection, or a publisher that has used the image in a book, magazine, or web site. The procedure is usually straightforward, although use and reproduction fees may also apply.

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