Understanding Copyright & Trademark

In this video, we'll be discussing the basics of copyright and trademark law, and how they can apply to businesses like t-shirt businesses.

When designing a t-shirt business, it's important to be familiar with copyright and trademark law. This will help you protect your designs from being copied and used without your permission. We'll cover both copyright and trademark in this video, and leave you with a better understanding of the laws that apply to businesses like yours!

[Cookiescornertarot]

I’ve watched many videos on this topic and your the first to say it in a way that’s easy for a beginner to understand. Thank you 🙏

[polygons]

Great and informative video, thanks. :)

[BigGuyCustoms]

He used a "Training Day" reference. Hahaha

[inkingsink]

IP law is a joke in this country. It all sounds great on paper. But even if you follow all the rules and guidelines and register copyright prior to it being infringed your basic recourse amounts to sending a cease and desist if the infringer is traceable. Even if the largest retailer in the world (no name mentioned) takes your design GOOD LUCK finding an attorney to take the case (or even talk to you) and if you do they will want 500 bucks an hour with 10 hours payable up front. Then they write the first cease and desist letter. Once your 10 hours is up they want more money. Because of this lack of incentive for them to perform on your behalf (they get paid regardless of outcome since you are flipping the bill) it boils down to who (you or the infringer) runs out of money first. It becomes a classic case of big bank takes little bank. Small companies don't have anything to pay you and large ones outlast you. 99% of copyright cases are settled and never see the inside of a courtroom so forget about the part of the law that says you are entitled to attorneys fees. The wording is you MAY be entitled to attorneys fees. Only the judge can order them to be paid and the judge decides on what they should be. So if you pay 5K for an attorney and the judge only orders 1K you are out of the difference. But large corporations (like the largest retailer in the world) have entire departments dedicated to handling copyright claims and attorney teams and budgets you can't compete with. There is a new system online where you can file a claim digitally without an attorney but the maximum reward is limited to 30K (and you don't automatically get the max) and for some god forsaken reason if the infringer opts out of going through that system (they do not have to give reason or prove anything just opt out) then you are back to hiring an attorney to try and get a settlement or try to out last them financially and take them to court (which can take years). The attorney I spoke to told me straight out that the company in question will NEVER allow the case to get to court. My advice protect yourself BUT do not put anything out in the public domain that will truly break your heart if it is stolen. And be ok with your ultimate recourse being sending a cease and desist. If they do not take work off the internet you can contact the ISP and have them remove it. In that case the copyright has some value. If they are not in a country that recognizes US Copyright law your are out of luck. I am not an attorney. I am a creator that "did" everything right" (by the book ahead of time) and registered my copyright before putting my design out in the public domain and had plenty of evidence and documentation along with the copyright certificate and was victimized by a multi-billion dollar corporation and after over 8 months of fighting and trying to secure representation got nowhere further than sending the cease and desist. Copyright law here sounds great BUT is close to impossible to enforce if you are the creator and do not have unlimited funds. It seems to protect the big guys (large corporations and record labels etc) and screw the little guy (the creators - the artists - the ones that actually have ides and express them). It's all BS. Now I only put out stuff that won't be heart breaking WHEN it is stolen. Once it is public if it is good or a good seller it will be. Most people don't understand they can't use just anything they see in this world. Theft is inevitable. Enforcement is limited to impossible. We really need this to change to protect the idea people and creators like it was originally designed to... But... Good luck.