Do You Have Permission to Print That Logo or Image?

In most cases, you need permission before printing a logo, photograph, illustration, character or other protected image on custom apparel. Finding an image online, buying a shirt with the image on it, or changing the colours does not automatically give you the right to reproduce it. Before sending artwork to a printer, identify who owns it, confirm what use is allowed and keep the permission in writing.

This matters whether you are ordering a small run for a club, making uniforms for a workplace, preparing merchandise for an event or printing a one-off gift. Australian copyright and trade mark rules can apply separately, and a printer may not be responsible for checking that your artwork is lawful.

Start by identifying what is in the artwork

Break the design into separate elements rather than treating it as one file. Check each of the following:

• Logos and business names: these may be protected by trade mark rights, copyright or both.
• Photos: the photographer generally controls the copyright, even if a person in the photo is someone you know.
• Illustrations and artwork: the artist or commissioning client may own the relevant rights.
• Characters, sports symbols and entertainment artwork: these are commonly controlled by rights holders.
• Fonts and design assets: their licence may restrict commercial use, product decoration or redistribution.
• People’s names, faces and signatures: privacy, passing off, contractual and publicity-related concerns may arise, particularly when the design suggests endorsement.

Also check text. A short phrase may not qualify for copyright protection on its own, but it could still be a registered trade mark or form part of a protected brand identity. Do not assume that a slogan is safe simply because it contains ordinary words.

Understand the difference between copyright and trade marks

Copyright protects original creative material, including photographs, drawings, paintings, written artwork and some graphic designs. It usually exists automatically; the creator does not need to place a copyright symbol on the work. Printing the material on shirts, hats or bags can be a reproduction or commercial use requiring permission.

A trade mark identifies goods or services and can include words, logos, symbols, shapes and other branding elements. A trade mark registration may cover particular categories of goods, which can include clothing or related merchandise. Even where a particular use is not clearly covered by registration, using a mark can create confusion about sponsorship, approval or affiliation.

These rights can overlap. A logo might be both an artistic work and a trade mark. Getting permission to use a logo for one purpose does not necessarily authorise every other purpose, such as selling merchandise, using it in advertising or altering its appearance.

Images that are not automatically free to use

Several common assumptions cause problems:

• “It came from a search engine.” Search results help you find images; they do not grant a printing licence.
• “It was posted publicly.” Publicly visible is not the same as public domain.
• “I credited the creator.” Attribution is good practice, but it does not replace permission where permission is required.
• “I paid for the image.” A purchase may provide a limited licence that excludes merchandise, apparel or resale.
• “I changed it enough.” Cropping, tracing, recolouring, removing a background or adding text may still rely on the original work.
• “It is only a small personal order.” A small quantity does not automatically remove copyright or trade mark obligations.

Some material may be in the public domain, covered by an open licence or released for merchandise use. Read the actual terms, including restrictions on commercial use, modifications, attribution, sublicensing and products for sale. A licence intended for online illustrations may not cover printed clothing.

Ask the rights holder the right questions

Find the creator, agency, organisation or other rights holder through a reliable source. Then ask for permission that is specific enough to match your project. Include:

• the exact artwork, logo or image you want to use;
• the products, such as shirts, jumpers, caps or bags;
• whether the items are for private use, promotion, fundraising or sale;
• the number of items or the expected production run;
• the territory, including Australia or any other country where the items will be used;
• the period of permission;
• whether you may crop, resize, recolour or combine the artwork with other elements; and
• whether the rights holder requires a particular credit, approval proof or placement.

Ask the rights holder to confirm that they have authority to grant the permission. Save the email, licence, invoice and any attached terms. If the permission is verbal, follow up with a written summary and ask the person to confirm it. Do not rely on a vague message such as “that should be fine”.

Check your printer’s requirements

A reputable apparel printer may ask you to confirm that you own the artwork or have permission to use it. This is usually a sign that the printer is managing its own risk, not a promise that the design has been cleared for you. Read the printer’s terms carefully, particularly any clause requiring you to cover claims, remove products or pay costs connected with supplied artwork.

Give the printer the approved version of the file and clear instructions about permitted changes. If the design is a logo, do not substitute a similar typeface or redraw it from a low-resolution image without approval. Keep a record showing which version was authorised.

What to do when permission is unclear

Pause the order. Consider replacing the disputed element with original artwork, text you have created, or an asset with clear apparel rights. You can also ask the rights holder for a licence, but allow time for terms, fees and approval requirements.

For a commercial project, a large order or a design involving a well-known person, organisation or brand, obtain advice from an Australian legal professional before printing. This article is practical guidance, not legal advice.

Practical summary

Before submitting artwork, list every logo, photo, illustration, font and phrase in the design. Confirm the owner, check the licence covers apparel and your intended use, obtain written permission where needed, and keep the records with your order. If you cannot prove the right to print it, use different artwork or get advice before production.