How to Avoid Copyright Infringement in Print-on-Demand

Running a print-on-demand business can be exciting and profitable—until you receive a copyright infringement notice. Just ask SunFrog, a POD company that had to pay $19.2 million in damages to Harley-Davidson for copyright violations.

Learning how to avoid copyright infringement in your print-on-demand business isn't just good practice—it's essential for survival.

Many POD businesses rely on basic terms and conditions to protect themselves, but courts consistently hold the printing companies—not the designers—responsible for violations. The consequences of infringement can be severe, affecting everything from your finances to your reputation.

In this guide, you'll learn practical steps to protect your POD business from copyright issues, understand what qualifies as infringement, and discover tools to ensure your designs are original and compliant.

Let's explore how to avoid copyright infringement while building your POD business.

What is Copyright Infringement?

Before launching your print-on-demand products, it's crucial to understand what copyright infringement means and how it can affect your business. Understanding how to avoid copyright infringement starts with knowing what exactly constitutes a violation.

Definition of Copyright and Its Purpose

Copyright infringement occurs when someone uses, reproduces, or distributes work protected by copyright law without permission from the copyright holder.

For print-on-demand businesses, this means you can't print and sell designs that include copyrighted elements—from company logos to artistic works—without proper authorization.

Copyright protection automatically applies to original works as soon as they're created, including:

  • Artistic works (illustrations, paintings, photographs)
  • Written content (slogans, quotes, book excerpts)
  • Musical works and lyrics
  • Movies, TV shows, and their characters
  • Brand logos and distinctive design elements

For POD sellers, this means that even if a customer uploads the design, you're legally responsible for any copyright violations when you print it.

Simply crediting the original creator or making minor changes to a copyrighted work isn't enough to avoid infringement. The law requires explicit permission or a proper license for using protected content.

Understanding these basics helps protect your business from potential legal issues. When you're creating designs for phone cases, MacBook covers, or AirPods cases, you need to ensure every element is either original or properly licensed.

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Examples of Copyright Infringement in Print-on-Demand

In the POD industry, copyright infringement often happens in ways that might seem innocent at first glance. Here are common examples:

  • You might be tempted to use popular superhero characters or movie icons when creating tech accessories. Using recognizable characters without permission violates copyright law.
  • Another frequent issue is using song lyrics on merchandise. A t-shirt featuring a famous line from a hit song needs permission from the copyright holder, usually the songwriter or music publisher.
  • Sports team logos are another trouble spot. Using team names, mascots, or emblems on custom tech accessories without a license is a violation, even if you modify the original design slightly.

Even seemingly minor infringements can lead to serious consequences, including substantial fines and legal fees. What Is Intellectual Property, and Why Does It Matter?

At its core, it's the legal framework that protects creative and innovative work. To better understand how to avoid copyright infringement, it’s crucial to discuss intellectual property, and how it can help POD sellers protect their creative assets.

Intellectual property encompasses several important categories that are relevant  for your POD business:

1. Copyright

Copyright protects original creative works like artwork, photographs, and written content. This is what prevents you from using someone's original artwork on your phone cases or laptop covers without permission. It's automatic—as soon as someone creates something original, they own the copyright.

2. Trademarks

Trademarks protect brand identifiers like logos, names, and slogans. For example, you can't use Apple's logo or the phrase "Just Do It" on your tech accessories because these are trademarked. Trademarks help customers identify authentic products and prevent confusion in the marketplace. Here are some examples of popular trademarks:

Image via Trademarks Online

3. Patents

Patents protect inventions and new product designs. While less common in POD, they might come into play if you're creating custom protective cases or unique mounting systems for devices. One of the most popular patents is Thomas Edison’s lightbulb plan:

Image via Etsy

Why does intellectual property matter for your business? How to avoid copyright infringement when building your POD business.

As you create unique designs, you'll want to protect them from being copied by others. Think of intellectual property rights as a two-way street. Just as you need to respect others' IP when creating your products, your original designs deserve protection too.

This becomes especially important as your business grows and your designs gain popularity.

For Podbase sellers focusing on tech accessories, IP considerations come up daily. Whether you're designing custom phone cases, AirPods covers, or MacBook skins, every element of your design needs to be either original or properly licensed. This includes patterns, artwork, quotes, and even fonts in some cases.

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How to Avoid Copyright Infringement in Print-on-Demand

With clear guidelines and the right approach, you can create engaging, profitable designs while staying on the right side of copyright law. Let's explore practical steps on how to avoid copyright infringement to protect your print-on-demand business.

Create Original Designs

Creating your own original designs is one of the most effective ways how to avoid copyright infringement. Here's how to ensure your work stays original:

  • Start with brainstorming sessions away from existing designs. Sketch your ideas first rather than browsing other products for inspiration. This helps prevent the unconscious copying of elements you've seen elsewhere.
  • Keep detailed records of your design process, including initial sketches and development stages. These records can prove valuable if questions about originality arise later.
  • When designing tech accessories, focus on what makes your style unique. It could be your distinctive way of incorporating geometric patterns, your special approach to minimalist designs, or your unique color combinations. Build on these strengths rather than trying to replicate successful designs from others.
  • Consider creating design templates that are distinctly yours. This could be a particular way of framing designs for phone cases, or a signature style for AirPods covers that become recognizable as your brand.

For example, this design pattern screams Podbase and is immediately recognized by anyone familiar with the brand:

Image via Podbase

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Use Licensed or Royalty-Free Content

Learning how to avoid copyright infringement when using external content requires understanding different license types. Sometimes, you'll want to incorporate external elements into your designs. Here's how to do it legally:

  • Understand different license types:
    • Creative Commons licenses specify how you can use and modify content
    • Commercial licenses allow you to use content in products for sale
    • Limited licenses might restrict the number of products you can create
  • Use reputable sources for design elements. Many platforms offer high-quality, legally-safe resources for commercial use. Just remember to check the specific license terms—some might require attribution or limit how many products you can sell.
  • Keep detailed records of your licenses, including:
    • Purchase receipts
    • License terms and conditions
    • Usage rights and limitations
    • Expiration dates, if applicable

Remember that paid content isn't automatically licensed for commercial use. Always verify the terms, even if you've purchased the resource. This is especially important when creating products for long-term sale.

Perform Trademark and Copyright Checks

Before finalizing any design, conduct thorough checks to ensure you're not accidentally infringing on protected content. 

Here's a systematic approach:

  • First, search for similar existing designs. Use image search tools to check if your concept is too close to existing products. Pay special attention to designs in your specific print-on-demand niche.
  • Check trademark databases for any text or logos in your design. The USPTO database is essential for U.S. trademarks, but remember that trademark protection can be international.
  • Document your search process:
    • Screenshot your search results
    • Note the dates of your searches
    • Save your findings in an organized system
    • Keep records of any modifications made based on search results
  • Set up regular review periods to recheck your existing designs. Trademarks can be filed after you've started selling, so periodic checks help catch potential issues early.

Seek Permissions and Licenses When Needed

Seek permission when you want to use copyrighted content. That’s one strategy on how to avoid copyright infringement.

Here's how to get proper permission:

Start by identifying the correct rights holder. This isn't always obvious—a company might own the rights to an artist's work, or multiple parties might share rights to a single piece of content.

  • Write a clear permission request that includes:
  • Specific description of the content you want to use
  • How you plan to use it (products, quantities, timeframe)
  • Your business information
  • Proposed compensation, if applicable

Be prepared for negotiations. Rights holders might:

  • Request a licensing fee
  • Want royalties on sales
  • Require specific attribution
  • Have conditions about how their content is used

Keep all communication records and final agreements. Make sure you understand any limitations or requirements before proceeding with production.

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Tools and Resources to Ensure Compliance

You'll need the right tools and resources when learning how to avoid copyright infringement. Staying compliant with copyright laws doesn't have to be a manual process. 

These tools and resources can help you verify and protect your designs.

Online Tools for Copyright Checks

Several reliable tools can help you verify the originality of your designs and check for potential infringement issues:

  • Reverse Image Search Tools:
    • Google Images lets you upload your design to find similar existing artwork
    • TinEye specializes in finding exact and modified image matches
    • Bing Visual Search offers another perspective on image similarity
  • Trademark Search Resources:
    • USPTO's new trademark search system
    • TMview for European trademark searches
    • WIPO Global Brand Database for international trademark checks
  • Copyright Registration Databases:
    • U.S. Copyright Office Public Catalog
    • Copyright registries of other countries where you plan to sell
  • Design Authentication Tools:
    • Pixsy helps track where your images appear online
    • ImageRights provides copyright detection and enforcement
    • Berify offers image monitoring and theft detection

Each tool serves a specific purpose in your compliance toolkit. While some are free, consider investing in paid services for more comprehensive protection, especially as your business grows.

Design Resources for Royalty-Free Content

When you need additional design elements, these resources offer legally safe options:

Stock Design Platforms:

  • Shutterstock offers extensive commercial-use assets
  • Adobe Stock provides high-quality vectors and patterns
  • Canva Pro includes licensed elements specifically for POD

Font Resources:

  • Adobe Fonts for premium typography options
  • FontSquirrel for carefully curated free commercial fonts
  • Google Fonts for web-safe, commercial-use typography

Pattern and Texture Libraries:

  • Subtle Patterns for background designs
  • Pattern Lab for customizable patterns
  • Poly Haven for high-resolution textures

That said, before using any resource, always:

  • Read the complete license agreement
  • Check any attribution requirements
  • Verify commercial usage rights
  • Save license documentation
  • Note any usage limitations

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Consequences of Copyright Infringement in Print-on-Demand

Understanding how to avoid copyright infringement becomes even more crucial when you consider the severe consequences of violations.

Recent research by Visual-AI company VISUA reveals that 70% of print-on-demand companies aren't doing enough to prevent copyright infringement. This casual approach can lead to severe consequences for your business.

  • Legal and Financial Impact: The costs of copyright infringement can be staggering. As highlighted at the outset, a judge awarded Harley-Davidson $19.2 million in damages against a print-on-demand company that failed to properly police its website for copyright violations.

Even smaller cases can result in damages of hundreds of thousands of dollars, plus legal fees.

  • Business Operations Impact: Beyond immediate financial penalties, copyright infringement can affect your business in several ways. For instance:
    • Your reputation with suppliers and customers can suffer
    • Future business partnerships could become harder to secure
    • Marketplace platforms may suspend or terminate your account
    • Payment processors might freeze your funds during investigations
    • You may need to destroy existing inventory that contains infringing content
  • Long-term Effects: Copyright violations can follow your business for years. Court records are public, making it difficult to rebuild trust with partners and customers. Many print-on-demand businesses never recover from major infringement cases, highlighting the importance of prevention over damage control.

Best Practices for Ethical POD Selling

On how to avoid copyright infringement, start by creating a culture of compliance in your print-on-demand business that protects both your company and the creative community. 

Here's how to avoid copyright infringement by making ethical practices part of your daily operations:

  • Develop a Design Review Process: Create a step-by-step checklist for reviewing new designs before they go live. Include verification steps for artwork, text elements, and overall composition. Make this process mandatory for every new product, no matter how rushed a launch might be. That’s a crucial step to avoid copyright infringement.
  • Document Everything: Keep detailed records of:
    • Copyright search results
    • Design creation processes
    • Source files and inspiration
    • License purchases and terms
    • Customer design submissions
    • Any modifications made to the original designs
  • Train Your Team: If you work with other designers or virtual assistants, make sure they understand:
    • Basic copyright principles
    • Your compliance procedures
    • Red flags to watch for
    • When to escalate concerns
    • How to document their work
  • Build Strong Relationships: Partner with original artists for custom collections. This not only ensures compliance but also brings fresh, legitimate content to your store. Likewise, when using licensed content, maintain good relationships with rights holders through clear communication and prompt payments.
  • Undertake Regular Audits: Schedule quarterly reviews of your product catalog to check for potential issues and verify that all licenses remain current.

Taking the Next Steps

Starting or running a print-on-demand business comes with responsibilities, but protecting yourself from copyright infringement doesn't have to be overwhelming.

Learning how to avoid copyright infringement is an ongoing process, but with Podbase's tools and support, you can protect your business while creating amazing designs. Start by implementing one or two practices from this guide, then gradually build up your compliance system.

Podbase provides tools and support to help you safely create and sell original designs. Our platform includes built-in features to help you verify your designs and maintain proper documentation. Plus, our support team is here to answer your questions about copyright compliance.

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FAQs

  1. What is copyright infringement in print-on-demand?

Copyright infringement in print-on-demand happens when you print and sell products featuring designs, artwork, or content that's protected by copyright law without proper permission. This includes using others' artwork, brand logos, movie characters, or song lyrics on your products without a license.

  1. Can I use free images found online for POD products?

Just because an image is online or labeled as "free" doesn't mean it's free for commercial use. Always check the specific license terms. Many "free" images are only free for personal use, not for selling products. Look for images specifically licensed for commercial use, and keep records of the licenses.

  1. How do I know if a design is copyright-free?

No design is automatically "copyright-free." Either create your own original design, purchase appropriate licenses, or use content in the public domain (where copyright has expired). How to avoid copyright infringement when in doubt; assume the design is protected and needs permission.

  1. What are the differences between copyrights, trademarks, and patents?

Copyrights protect creative works like art, music, and writing. Trademarks protect brand identifiers like logos, names, and slogans. Patents protect inventions and new product designs. For POD businesses, you'll most commonly deal with copyright and trademark issues.

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