Explore The Legal Boundaries Of Printing Quotes On T-Shirts

T-shirts with quotes on them are popular, but can you put any quote on a T-shirt and sell it? The answer depends on several factors. Generally, people have the copyright to words they have written down, but not to things they have said. Copyright is automatic and universal, but it doesn't protect ideas or very short sentences. If a quote is in the public domain, it can be used, but if it's copyrighted, you'll need permission from the author. Quotes from books, films, TV programmes, songs or speeches are protected by copyright law, as are song lyrics. Quotes that are very general and not attributed to one person are usually fine. If a quote is being used for parody, critique or review, it might be allowed. It's important to do your research and, if in doubt, seek professional advice.

Copyright and trademark laws

Copyright Laws:

• Copyright is a legal right that protects the creator's work and gives them exclusive rights to monetise and distribute it.
• For a work to be protected by copyright, it must be original, tangible, and fixed in a permanent medium that can be reproduced.
• Copyright protection usually lasts for the creator's lifetime plus a number of years, often up to 70 years after their death.
• Copyright infringement can result in serious legal consequences, including monetary damages, civil and criminal penalties, attorney fees, and loss of business reputation.
• Not all copyrighted materials are protected equally. Some owners may allow exemptions for third parties to advertise or comment on their work.
• Public domain refers to creative works that are available to the public for free and can generally be used without restriction. This includes works where the copyright has expired or been revoked, such as classic literary works, images produced by NASA, portraits of historical figures, and national symbols.
• Short phrases, titles, slogans, and generic quotes are generally not protected by copyright law, as it is argued that protecting them would inhibit natural creativity.
• Fair use allows limited and 'transformative' use of copyrighted material for purposes such as commentary, criticism, or parody. However, it does not permit copying for commercial use.

Trademark Laws:

• A trademark is a legal stamp that a company registers to protect its symbols, brands, slogans, or logos.
• Trademarks are designed to protect brands and companies and help consumers identify the source of goods or services.
• To use a trademarked quote on a T-shirt, you may need to contact the rights holder and purchase a license.
• You can search for registered trademarks in your country to determine if a particular quote or phrase is trademarked.

In summary, when putting quotes on a T-shirt, it's important to credit the author properly and respect their copyright and trademark rights. If in doubt, seek legal advice from a specialised lawyer to ensure you don't inadvertently infringe on someone's intellectual property rights.

Public domain

When creating a T-shirt design, it is important to be aware of copyright laws to avoid any legal issues. Copyright laws protect the intellectual property rights of the owner, meaning only they have the right to reproduce their work.

When using public domain quotes for T-shirts, there are several guidelines to follow:

• The author has been dead for over 70 years: In the UK and the US, copyrights usually expire 70 years after the author's death. After this period, their work enters the public domain and can be freely used.
• The quote is too short to be protected: Copyright law does not protect very short sentences as it is argued that this would inhibit natural creativity.
• The quote is a critique or review: Using short excerpts of someone else's work for critiquing, reviewing, or parodying is generally permitted, as long as it is not offensive and does not damage the author's reputation.
• The quote is a lyric of an anthem: Anthems, flags, and other national symbols are not copyrighted and can be used freely.
• The quote is a common saying or parody: Common sayings and parodies that are not attributed to a specific person are usually safe to use.

It is important to note that while historical or culturally relevant works may be in the public domain, any new derivative works based on them may have separate copyright protection. For example, the animated TV show 'Castlevania' is copyrighted, even though the text of Bram Stoker's 'Dracula' is in the public domain.

Additionally, while national symbols like flags are not copyrighted, using a heraldic/mayoral crest from a specific town may require permission from the local council.

Before using any quotes or images for commercial purposes, it is essential to conduct thorough research to ensure you are not infringing on any copyrights or trademarks.

Fair use

The concept of 'fair use' is a caveat in copyright law that complicates the issue of whether quotes can be printed on t-shirts. In its most general sense, fair use is:

> any copying of copyrighted material done for a limited and 'transformative' purpose — such as to comment upon, criticize, or parody a copyrighted work.

According to US law, fair use factors include:

• The purpose and character of use — including whether it is of a commercial nature or is for nonprofit and educational purposes.
• The nature of the copyrighted work.
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
• The effect of the use upon the potential market for the value of the copyrighted work.

It may be acceptable to use a very small part of the work and transform it into something that cannot be easily recognised as the original. However, even in this instance, you are entering legally murky waters. Some t-shirt merchants claim their design is a 'parody' of a character or movie, which may be considered fair use, but you would have to go through a lengthy legal battle to prove it, and you may still lose.

To summarise, if you want to avoid any potential legal issues, it is best to either use images and quotes that are in the public domain, or create original designs.

Short and generic quotes

When it comes to putting quotes on a T-shirt, there are a few things to keep in mind. Firstly, it's important to respect copyright laws and only use quotes that are in the public domain or are not protected by copyright. This typically includes quotes that are very short and generic. While the specific word count for what constitutes a "short sentence" is not defined, a general rule of thumb is that the quote should be short enough that it does not inhibit natural creativity.

• "Life is a beautiful ride."
• "Live more, worry less."
• "Embrace the journey."
• "Life is art. Live yours in color."
• "Don't worry, be happy."
• "Creativity takes courage."
• "Creativity is contagious; pass it on."
• "Think outside the box."
• "Stay hungry, stay foolish."
• "Not all who wander are lost."

These quotes are likely to be considered short and generic enough that they fall outside of copyright protection. However, it's always a good idea to do your own research and, if in doubt, consult a legal professional specialising in copyright law.

Quotes from living authors

When it comes to quotes, the rules are a little murky. Generally, people have the copyright to the words they write down, but not to the things they say. However, there are some exceptions to this rule.

You CAN put a quote from a living author on a T-shirt if:

• It's in the public domain. In the UK, this means the author died over 70 years ago.
• It's short and/or generic. Copyright law doesn't protect very short sentences as this would inhibit creativity.
• It's for a parody, critique or review. You can use small parts of someone else's work for these purposes, but be careful not to be too offensive, as this could be considered defamation.
• It's not recognisable or attributed to one person. For example, a lot of general inspirational quotes are fine to use.

You CAN'T put a quote from a living author on a T-shirt if:

• It's copyrighted. This includes quotes from contemporary books, films, TV programmes, plays or songs.
• It's trademarked, like a famous slogan.
• It comes from a speech.

If you're unsure, it's always best to seek legal advice or contact the author directly.

• "You love me. Real or not real?" "Real." — Suzanne Collins, The Hunger Games
• "I would always rather be happy than dignified." — Charlotte Brontë, Jane Eyre
• "So we beat on, boats against the current, borne back ceaselessly into the past." — F. Scott Fitzgerald, The Great Gatsby
• "Some infinities are bigger than other infinities." — John Green, The Fault in Our Stars
• "What if I slept a little more and forgot about all this nonsense." — Franz Kafka
• "I would prefer not to." — Herman Melville, Moby Dick
• "I don't want to be anyone but myself." — Lucy Maud Montgomery, Anne of Green Gables
• "Happiness can be found even in the darkest of times, if one only remembers to turn on the light." — J.K. Rowling, Harry Potter and the Prisoner of Azkaban

Frequently asked questions