Copyright Infringement...what does that even mean?

Ok folks.  We've needed to tackle this one more than any other thing we've tackled so far.  This one is hard, though.  It's hard to explain. Sometimes the rules are very specific, and sometimes they are vague.  We're going to be talking about Copyright Infringement as it applies to apparel (and some of the other things that we offer in our business). 

I want to take a minute and remind you that I am NOT a lawyer.  So everything that I'm going to say is my opinion.  I also want to be the first to say that in researching this, my mind is whirling with the times I have infringed on copyrights in the past myself.  Some I had no idea, and some I thought I was fine, because I'd made changes.  Or because I did them for my family and didn't make a profit.  So in the future, I will do my best to look at things from a different point of view, and I hope that you will too.  So help me out here, folks, if you recognize it (Nike swish anyone), don't ask me to reproduce it.  I don't want to go to jail, and I don't want you to either.

Another thing that has been universal in all that I've seen: It is not my responsibility as the printer to find out who the owners of the logos that you give me are.  It is also not my responsibility to gain permission.  That is on you.  You need to get a letter, or a licensing agreement, or something that you can hand over proving it's ok for us (yes, you and me both), to reproduce this.

I have gotten information from a few places.  1)Screen Print Direct's blog post, Avoiding Copyright Infringement for Screen Printing Artwork and 2)Transfer Express's YouTube video, Printing Licensed Logos. I also got information from USPTO (United States Patent and Trademark Office, here are their definitions. I know, this is probably as exciting to you as watching paint dry on a rainy day.  But if you get the chance to look at either of these, you will learn something.  I promise.  I'm also going to refer to the "my opinion" part of the above statement.  Some of the things I've referred to, I've seen snippets of on Facebook screen printing groups that I follow, or other groups that I am a part of over the years.  I can't remember exactly where or when I read them, so if you choose not to believe those things, that's fine with me.

Ok.  Down to brass tacks, as my Grammy used to say.  In looking up the official definition of Copyright, I feel I need to touch on Trademark also.  It is pretty cut and dried, in my opinion.  If it has a little letter with a circle by it, it's Trademarked.  That means someone paid money to protect it.  The USPTO definition of a trademark is "A word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services."  The example they use is Coca-Cola.  A trademarked item has the benefits of federal protection.  These benefits (again USPTO) are "Protects the trademark from being registered by others without permission and helps you prevent others from using a trademark that is similar to yours with related goods or services." Ok.  In my opinion, easy peasy folks.  no red, white, and blue rectangle game pieces with dots on them, no golden arches, no blue ovals, no multicolored G words, you get the idea.

So, back to copyright.  The USPTO definition of copyright is "Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.  The example they give is the song lyrics of "Let It Go" from the movie Frozen.  Copyrights also have federal protection benefits, even tho you may not register them & pay money to protect them. These rights are "Protects your exclusive right to reproduce, distribute, and perform or display the created work, and prevents other people from copying or exploiting the creation without the copyright holder’s permission. Although if you haven't registered your creative work, you more than likely will have to prove it is yours if you are challenged.

Ok.  So now let's talk about copyright according to apparel decoration.  So, how many of you know which companies I was talking about in the paragraph before last when I mentioned certain game pieces, or words, or shapes? We all know them.  That, my friends, is called Branding, and that is why your mind automatically goes to McDonald's when you think of golden arches.  Or Ford, when you think of a blue oval.  Or 4T Screen Printing when you see a 4tsp. Right? Wait, not the last one?  Well, ok then. Thanks guys.

How many of you have a phrase from a movie or song that reminds you of that specific movie or song? Talk to me .....! Oh! This one is my family...how many of you and your kids constantly make movie or song lyrics references until it is its own language.  These things are what I'm talking about.  If I were to take a shirt and put the movie or song lyrics on it, that would be wrong; that is copyright infringement.  But so many things come from something we've seen, or heard, or whatever, you say. So it's hopeless.  We can't reproduce anything that would make you think of your favorite team without spending $100,000 to secure a royalty guarantee, or be prequalified as a licensed vendor, or submit 2 years of financial statements and taxes, and have a credit reference from your financial institution. By the way, these are only a few of the requirements to print NFL licensed apparel, there are many more.  Not to worry, all is not lost!

There ARE ways to get your point across without infringing on copyright.  Sorry for all of the sports examples; that's most of what customers get mad at me over. So I can't make a shirt (or other items) with the Kansas City Chiefs on it.  But I can make a shirt (even a red shirt with gold decoration) that says Kansas City.  Or says Chiefs.  Or has an arrowhead.  You can't copyright a color, or the name of a city, or the word chiefs.  But we need to stay away from fonts that are used by the team.  I can also use other things that remind people of the favored team, company, or group.  Some things might be used as a kind of inside joke, or something you would only know if you lived in that area.  

I saw it on the Transfer Express video I mentioned above.  They put their area code and the abbreviation for their airport on a shirt that had their team's colors.  So everyone who saw the colors of and on the shirt would know it was for their team (or company or group).  But if they didn't live there, they are thinking, What are those letters & #'s?  Most of those curious people will look them up because they don't want to not be In The Know. 

Another thing that I deal with ALL of the time.  I watch myself very closely, and I watch when my customer sends me something.  "But I bought in on Etsy!"  "I found it on Google!" I promise you.  That logo of a popular quarterback's face and number with a certain NFL team's logo all over it that you bought was copyright infringement.  Because the person who sold it to you would have displayed their permission if they had it.  And they would not be selling that digital download for $1.99.  Or $19.99.  Or $199.00.  Not gonna happen.  Etsy is almost like the wild west; there is so much out there that it is hard to police.  Etsy has tried, but they can't control that beast; it's too big.  So.  Individual companies are taking it upon themselves to track down copyright infringement. Bluey and Disney are two big ones right now. Then they take it to Etsy, and they both come after you.  Same as on individual websites, and Amazon Small Business.  They will find you.  It probably won't be tomorrow, or maybe even not next year.  But if you are posting things on facebook, or selling items on Etsy or Ebay, or Faire or Amazon (these two are doing their best to catch you before you ever start posting) or are posting things anywhere on the internet that can be found thru a search, (wait, that is the main reason we put things out there, is to be found on a search, duh.) they will try to find you.

So let's talk about what can happen if you are caught.  Well, there are many possibilities. Depending on 1) the company and its size. 2) How blatant the copyright infringement is. 3) How much money has been made using the copyrighted item?  4) For how long has the infringement been going on?  The #1 thing that dictates is the company and its size.  If it is a small company like 4TSP, we will probably contact a lawyer and send out a Cease & Desist letter.  And pray for the best, as that is the least pricy.  For a bigger company with the money to use a lawyer and chase you-whatever they want.  They could take the time to go to court, then send a Cease & Desist letter with a flat fee fine, or a fine equal to the profit you've made on their creation.  Or if they are a big company, they can get law enforcement involved and raid your business.  It has happened.

As for Etsy, eBay, and some of the other companies. They usually shut down the store on their platform and send the Cease and Desist letter.  Then they will fine equal to the profit made on the item sporting the infringed creation.  You should keep good financial records, because they will look back at theirs and make the fine what they show as profit made.  There can also be a trickle-down effect.  They can look at all of the people who bought the offending creation.  I have not heard of them contacting someone who bought, for example, a tumbler with an infringed decoration, but they could.  But I have heard of them contacting everyone who bought a digital download.  Then that can spark a whole new investigation.  

Yay, Christy, way to scare everyone to where we all just wear plain white t-shirts from now on.  Ha.  Not likely.  But you and I both have to have some common sense.  I know that's hard to do when we want something so bad!  All I'm asking is that you try.  That you don't get mad at me when I tell you I can't, or don't want, to print something because I'm not sure.  Or if I ask you if you have permission.  Because if I ask you if you have permission, I expect you to quit asking until you have done your part and gotten proof of permission for me.  Because I don't want to go to jail for anyone, and you don't either.  Can you imagine a mean-looking inmate asking you what you're in for, and you have to say, "I printed a certain football coach's frozen mustache & his signature on 100 shirts and sold them without his permission."  Yeah, that'll up your street cred. 

So, in conclusion (whew, this one was long).  Do your research.  Ask me and I'll help you do your research.  And if the area is gray, stay away.  Hey, that rhimes.