Printing copyrighted logos on t-shirts/jackets/apparel without permission: in which situations is it legal?
<p>If I were to order custom t-shirts from a t-shirt printing company with some copyrighted brand on them, (when) would it be legally OK for me to do so without the copyright owner's permission?</p>

<ul>
<li>Is it legal if I do not distribute them to others at all?</li>
<li>Is it legal if I give them to my family/relatives for free, e.g. as a gift?</li>
<li>Is it legal if I give them away to others for free (meaning I'm losing my own money on them)?</li>
<li>Is it legal if I sell them to others at-cost (i.e. for the same price I obtained them, meaning I'm not making any money from them)?</li>
<li>If the answer is "yes" to any of the above, can the copyright holder explicitly prohibit me from doing so, or would such a prohibition be unenforceable (e.g. if this would be fair use)?</li>
<li>Any other factors that are relevant but which I'm forgetting?</li>
</ul>

<p>It's hard for me to tell, because copyright seems to be about "commercial" use, but none of these seems to be commercial use to me, yet I don't know if I'm interpreting the law correctly.</p>

<p>First, copyright does not apply to "brands". </p>

<p>Copyright exists in literary works which includes art - a picture (any picture) usually has a copyright belonging to the creator of the picture. Brands are protected by Trade Marks. To be clear:</p>

<ul>
<li>A picture of you is protected by copyright belonging to the creator</li>
<li>The phrase "Mickey Mouse" is protected by trade mark belonging to the Disney corporation</li>
<li>A picture of Micky Mouse is protected by copyright <em>and</em> trade mark.</li>
</ul>

<blockquote>
  <p>(when) would it be legally OK for me to do so without the copyright owner's permission?</p>
</blockquote>

<p>You can use copyright material without permission if you meet the <a href="http://en.wikipedia.org/wiki/Fair_use" rel="nofollow">fair use</a> criteria in your jurisdiction. You can use trade marks if there is no risk of people confusing your goods and services with the trade mark holder's and you do not cause damage (including loss of potential income) to the trade mark holder or it is fair use (e.g. you are writing a review of a Micky Mouse cartoon).</p>

<blockquote>
  <p>Is it legal if I do not distribute them to others at all?</p>
</blockquote>

<p>No, this would be OK as copyright fair use, but not as trade mark fair use.</p>

<blockquote>
  <p>Is it legal if I give them to my family/relatives for free, e.g. as a gift?</p>
</blockquote>

<p>No, not fair use for either copyright or trade mark.</p>

<blockquote>
  <p>Is it legal if I give them away to others for free (meaning I'm losing my own money on them)?</p>
</blockquote>

<p>No, see above.</p>

<blockquote>
  <p>Is it legal if I sell them to others at-cost (i.e. for the same price I obtained them, meaning I'm not making any money from them)?</p>
</blockquote>

<p>No, see above.</p>

<blockquote>
  <p>If the answer is "yes" to any of the above, can the copyright holder explicitly prohibit me from doing so, or would such a prohibition be unenforceable (e.g. if this would be fair use)?</p>
</blockquote>

<p>It isn't allowed. Yes they can stop you. No, it isn't fair use; there is no "fair use" defence for trade mark infringement here - you are depriving them of income because <em>you</em> are not buying their T-shirt!</p>

<blockquote>
  <p>Any other factors that are relevant but which I'm forgetting?</p>
</blockquote>

<p>Will they sue you for doing these things? Probably not.</p>

united-states copyright