Hi, I've had t shirts in stores for several years now. One of my most popular shirts is a very distinctive clipart.com image that I didn't alter except color. I've never seen it anywhere else. The t shirt has been selling in the LA area for about 5 years. Recently we saw a small store that has the exact image for sale on a t shirt. I'm assuming that I can't send this store a Cease and Desist because it is public domain, but do I have any rights if I appropriated it first, or thought to put it on a t shirt first? Are there any Intellectual Property laws that would work in my favor? Has anyone ever had this happen? It irks me because it seems like a rude thing to do, but maybe there's nothing I can do about it...
Thanks
I don't think you would have any recourse because clipart.com even states that their images can not be copyrighted. You only pay for the use of the image but you do not own it. Unfortunately when using sources for art that sell the use and not the image, that leaves this type of situation open for others to have the same designs as you. Hope this helps
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Thanks. Yeah, I thought so. I guess the combination of t shirt+ public domain image doesn't exactly make my appropriation of it intellectual property. Just a bummer, cuz the geographical proximity of the store makes me think it might not be a coincidence with the length of time mine has been on the market. Has anyone ever had it happen to them? Hard to not ask them to be cool and stop.
It's not as if it's your own original art. You took it, changed the color and put it on a shirt. And you profited off of it. I would chalk it up to easy money and move on. You may be irked that another one has moved into town, but is it really affecting you that much?
If you care/think it's worth it you could ask a lawyer whether or not it would be legal to send a Cease and Desist anyway (i.e. bluff and hope they stop, even though you couldn't back it up with a lawsuit), or if that would be considered harassment or something.
I tend to agree with the person that said it was time to move on. After 5 years of making money off of this shirt, it's time to come up with something new. Many stores in beach towns sell a lot of the same stuff. It's not the best thing to do, but everyone wants a piece of the pie. However, if possible look into the reasons behind this shirt appearing, but don't let it take too much time away from your work.
Give some thought to this new competitor, find out if this is something more serious than somebody selling a copy of one shirt. Is this someone that saw a popular shirt and just decided to copy it? Could it be that the original clip art artist noticed his design was selling on shirts and decided to cash in? This could be a case where your dealing with someone that is also making illegal copies of copyrighted material. You could be dealing with the work of a criminal organization, it happens.
It's possible your dealing with someone that thinks their doing something illegal. There are guys that could walk into such a business and come out with orders for that shirt and others. It's a matter of how the issue is approached.
Is this business so close that they could follow the details of your business?
Last edited by Cam Lynch; August 14th, 2009 at 07:58 AM.
Thanks everyone. I knew all this, just wanted to check if there was some "I did this first" issue. It came into play last week when several photos of a celeb in my shirt came out, and of course I would want any revenue from that to redirect back to me. Appreciate your input.
Thanks, Cam. No, it's nothing that severe. It's just a nearby store that is small. Within certain style communities it can be a small world. I'll just take it as a backhanded compliment and focus on my own personal success with it.....
My 2 cents here; Presumably the other person bought the rights from clipart.com as well, so they have every right as you do to put it on merchandise, including tees.
If someone approached you and asked you to stop selling yours because they had been using the design for the last 6 years, would you?
If you want exclusive art, you have to pay for it.
Yes, I would stop because it is a courtesy thing. I've seen things before that I liked and knew it had been printed on a shirt somewhere, so I've passed on that image. I know the mechanics of how the copyright free licensing works. I just wanted to know if anyone has had this happen, and there were things I wasn't aware of that I could do about it. I knew I took the risk by using it. Most of my designs are my original artwork. Thanks
Well, I am also surprised it is still selling, but it is popular and buyers keep asking for it.... Anyway, this is all beside the point. Thank you all for your input and help.
No Cease and Desist Rights? 
