HOW TO STEER CLEAR OF COPYRIGHT INFRINGEMENT IN PRINT ON DEMAND

1. Introduce 

The print-on-demand (POD) industry thrives on creativity and innovation, but it’s also an area where copyright issues can arise if not handled carefully. Copyright infringement can have serious consequences, including lawsuits and the loss of your business. Obtaining permission is crucial. If an artist has the perfect design you’ve been looking for, obtain permission first.

2. Copyright infringement basics 

2.1. Intellectual property rights 

Intellectual property rights protect creations of the mind, such as designs, logos, artwork, text, music, trade secrets, etc. These rights ensure creators have control over their work and can profit from it. Misusing someone else’s intellectual property without permission can result in legal and financial consequences. 

2.2. Copyright legislation 

A law to protect creative works from copycatting or use without the author’s permission. The © symbol is frequently used to indicate copyright. 

2.3. Public domain rights

Works in the public domain are not protected by copyright and can be used freely without permission. These include:

• The works that have exceeded their protection period, such as musical compositions by composers like Beethoven, Mozart, etc. 
• Works that have never been copyrighted, such as ideas or discoveries, mathematical formulas, physical and chemical laws, legal texts, and basic research. 
• The author donates their work to the public even though it is still under protection. 

2.4. Fair use guidelines 

Fair use allows a party to use a copyrighted work without the permission of the copyright owner for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. 

To apply the principle of fair use, a set of specific factors must be considered:

• Purpose and character of the use: Fair use is often assessed for purposes such as education, research, information, journalism, commentary, or creating new content. Using a work for commercial purposes may be considered a negative factor.
• Nature of the original work: Fair use typically applies to non-commercial works, such as those made public, for public information, or for creative purposes, rather than works with significant commercial value.
• Sampling or quantity used: Fair use is generally applicable when only a small portion of the original work is used, rather than the entirety of its content.
• Effect on the market value of the original work: Fair use should not negatively impact the market potential of the original work. This is especially crucial in cases of commercial use.

2.5. Preventing copyright infringement  

Before using copyrighted material owned by others, you should obtain the necessary licenses or permissions from the copyright holders. 

3. What does intellectual property mean?

Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. Intellectual property rights are essential to maintaining fairness in trade, as they prevent unauthorized use of others' efforts. For example, in the United States, copyright infringement can lead to statutory damages, substantial fines, and in extreme cases, criminal charges. 

IP law includes protections for:

• Patents - A patent is an exclusive right granted for an invention. It protects new inventions and practical improvements of process, machine, article of manufacture, or composition of matter. For example, if someone invents a unique printing technology for customized T-shirts, they can patent it to prevent others from using the same method. 
• Copyright - Copyright is used to protect works and intellectual creations to prevent copyright infringement. Examples of works that can be protected by copyright include musical compositions, literary and scientific writings, paintings, films, and television and radio programs. Copyright safeguards both the personal rights and the economic interests of the author in relation to their work.  
• Trademarks - Trademark laws protect brand identities against other competitors in the market. Typically, brand logos, titles, and slogans are protected as trademarks for competitive market purposes. Customers could easily be misled and confused in the absence of trademarks. 
• Trade Secrets - Trade secrets refer to special formulas, techniques, materials, or confidential information that provide competitive edges. The unauthorized acquisition, use, or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

By understanding and adhering to intellectual property laws, you not only safeguard your own work but also foster trust within the creative community and among your customers. Building your brand on original, authentic ideas ensures longevity and sets you apart in a competitive market.

4. Copyright law vs. public domain: What’s the difference? 

4.1. Copyright law

A copyrighted work grants its author the right to control the reproduction, performance, or use of the work as a foundation for creating derivative works. Additionally, the author may use or commercialize the work for profit. According to the Berne Convention, copyright law allows the author to enjoy these rights for their entire lifetime, plus at least 50 years after their death. In some countries, the duration of copyright protection may be extended further. 

4.2. Public domain

Public domain works are not protected by copyright and can be used freely. Examples include classic literature, historical artwork, and older music compositions. Public domain is helped by non-profit organizations like Creative Commons and other archival tools that facilitate the free sharing and distribution of content for nonprofits and general cultural values. 

5. How to identify a copyright owner 

Identifying the copyright owner of a work requires careful investigation. Start by examining the work itself, as many creators include their name, logo, or other identifying information directly on their material. If such details are missing, turn to copyright registries or databases where authors and creators commonly register their works. These databases often provide clear contact information for the rightful owner. In cases where the creator is not directly listed, you can contact the publisher, production company, or any organization associated with the work, as they often hold or manage copyright rights. 

6. 4 Essential tips for avoiding copyright infringement 

6.1. Treat all works as copyrighted

 It is best to assume that all creative works you encounter are protected by copyright, whether found online or offline. Even if a design appears free to download, it might still come with restrictions on its use. Misunderstanding these rights can lead to unintentional infringement. 

6.2. Always obtain permission before sharing, modifying, or selling someone else’s work 

Before altering, sharing, or selling any work that isn’t your own, locate the creator and obtain explicit permission. Make sure to inform them if you intend to use their work for profit. Many creators require a licensing agreement or a commission fee to grant usage rights. Using another artist’s work without proper authorization not only risks legal trouble but can also damage your brand’s reputation and hinder long-term growth.

6.3. Keep copies of license and sales agreements

Whenever you receive permission to use a work—whether through licensing, purchase, or a direct agreement—keep detailed records of the transaction. Agreements, receipts, and emails serve as vital proof if disputes arise. This is especially important for long-term arrangements, as creators might revise terms or change their mind over time. Additionally, ensure that any licenses or permissions you obtain are current and renewed as necessary. 

6.4. Establish an intellectual property policy for your store 

Developing a clear intellectual property (IP) policy for your store is essential. This policy should outline how your business handles creative designs, licensing, and any external collaborations. A structured approach helps avoid confusion and ensures consistency in your practices. 

7. Conclusion 

By understanding copyright law and implementing these essential tips, you can minimize the risk of copyright infringement in your print-on-demand business. Prioritize originality, respect intellectual property rights, and establish clear policies to protect your business. By doing so, you’ll build a strong, sustainable brand that thrives on creativity and integrity.