Is it illegal to sell a new re-design T-shirt as my own, if it is based off of someone else’s design?
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Is it illegal to sell a new re-design T-shirt as my own, if it is based off of someone else’s design?
I saw a cool T-shirt for sale online, and it didn’t come in the type of clothes I wanted. As a graphic designer, I just re-designed it to a different style it looks different, same concept and had it made on a shirt.
Asked on March 31, 2016 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, it is most likely illegal. The design you saw would almost certainly be copyrighted. The copyright owner controls not just the original design but adaptations or derivative works (i.e. creating adaptations or derivative designs), which the shirt you describe would seem to be. You most likely cannot do what you stated without the copyright owner's permission.
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