Palos Park, IL asked in Copyright for Illinois

Q: I sell custom apparel online. To what extent am I responsible for researching copyright infringements?

Occasionally, I have customers upload artwork that includes trademark or copyright images. I do not profit from using their images since I charge the same price for the custom apparel, regardless of what they want on it. I do not sell these in bulk or to resellers - they are usually one-offs. Am I breaking the law? Can I be sued?

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1 Lawyer Answer
Benton R Patterson III
Benton R Patterson III
Answered
  • Intellectual Property Lawyer
  • Dallas, TX

A: Yes, you could be sued for copyright infringement by creating custom apparel with content that infringes someone else's copyright or trademark. Even if you made no money, it would still be infringement. You should set up a process to ensure you do not create such products.

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