Dealing with Copyright Infringement on Your Print On Demand T-shirt Design

I recently had the unfortunate experience of discovering that a t-shirt design I’ve been selling for a year has been copied exactly on other sites. I hadn’t bothered to get a copyright, and now I’m not sure what to do. Here’s a step-by-step guide to help you navigate this frustrating situation.

What You Can Do: Filing a DMCA Complaint

One of the easiest and most effective ways to address copyright infringement is to file a DMCA (Digital Millennium Copyright Act) complaint. Here’s how you can do it:

Go to DMCA Protection Takedown Services. Register a complaint by following the provided steps in the free dashboard access. Provide valid proof that you have the copyrights to your design. This proof is crucial for your complaint to be taken seriously. The infringing content will typically be taken down within a few days.

Understanding Implied Copyright in the US

In the United States, a copyright is implied as soon as a work is created—you don't have to buy it. However, proving that you created the design first can be challenging. This is why registering your copyright with the copyright office can be beneficial.

I myself have created thousands of designs. Only a few are actually registered, including the little icon on my website which appeared on the cover of my wood toy catalog in 1984. Lack of registration means that proving when you created the design can be difficult. Even having a copy in a sealed envelope or witnesses shaking their heads up and down does not hold up in court.

One solution is to create a new design, which can be more sustainable in the long term.

International Considerations and Additional Legal Options

For large companies like Disney, it can be challenging to chase copyright infringement cases worldwide. Small businesses and individuals may find that it’s not worth the time and money to pursue such cases.

However, there are some legal options depending on the scale of the infringement:

Registering a Trademark with the US Patent and Trademark Office (USPTO): This can help you take down sites that are using your copyright-infringing designs. Companies like Disney often use this method to protect their trademarks. Consulting a Lawyer: A lawyer can help you file appropriate trademark applications and guide you through the legal process, including potential lawsuits. Registering Designs in the EU and Other Places: Registration in the EU and other jurisdictions can help prevent someone from copying your design. While it doesn’t guarantee removal from sites, it can strengthen your legal position in potential lawsuits.

Additional Tips for Protecting Your Designs

Here are a few additional tips to help protect your print on demand designs:

Documentation of Design Creation: Keep a record of when and where you created your design. This can help you prove the date of creation in case of an infringement lawsuit. Design Verification: If you used a designer, have them confirm that they created the design for you. This can be a powerful piece of evidence in your favor. US Copyright Registration: Although not required, registering your copyright with the US Copyright Office can provide additional protections in case of infringement.

Many creators are familiar with the frustration of seeing their designs copied on various sites. It’s a common issue in the world of print on demand products. If you face this problem, consider using a DMCA complaint to address the issue quickly.