hi my name is ginnette I'm trying to start a clothing line. i have a t-shirt design, i will like to know if another company is making it, and if they are and i use it is that a problem?
You'll have to post a picture so that we can see what it looks like. The short answer is, if you are using someone else's design you would be infringing on a copyright. That, in many cases, has consequences you may not want to deal with. If it is your own creation then go for it and I wish you well.
It's impossible to know if someone used that exact image on a t-shirt. But if the image is not yours, you shouldn't use it. You can probably create your own version without any issue. Different girl, different color lipstick, different handwriting on the fingers, etc would do the trick. The concept cannot be owned exclusively. So your own version would be ok to to create and use.
The person who made that photo owns the copyright. It doesn't matter if it's been used on a t-shirt or not, it's not your image so you can't use it without express permission of the author/owner.
So you can find out who took the shot and ask them for permission, or as Tim says you can make an image of your own.
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