Copyright Laws for Stickers

Selling stickers is a form of creative expression, and there are legal protections for intellectual property. You cannot use someone else’s design or artwork for your stickers without permission. Doing so would make you guilty of copyright infringement under 17 US Code 910: Enforcement of Exclusive Rights. Learn more about the United States Copyright Act of 1976 here.

On the other hand, trademark infringement is for unauthorized stickers and labels with brand logos or slogans. You still need to obtain the owner’s permission before incorporating a logo or slogan in your design. This rule applies even if the trademark is not registered in the US Patent and Trademark Office’s database. Check out this guide for more resources on trademarks and copyright.

With that said, there are exceptions for using copyrighted and trademarked materials without permission. Parodies, for instance, can be classified as fair use under the Lanham Act. Ask yourself these two questions if you are planning to create parody stickers or labels:

1. Did your parody add a new expression or meaning to the original work?
2. Was value added to the original work by creating new information, aesthetics, insights, and understandings?

The Stanford Libraries explains how US courts determine fair use and provides a list of fair use cases. The principle is often used as a defense by businesses and organizations accused of infringement.

Can I get sued for using copyrighted material in my stickers?

In the US, there are legal consequences if you get caught using or incorporating copyrighted material in your sticker designs without the copyright owner’s permission. Visit these pages to learn more about the civil and criminal penalties for copyright infringement:

Copyright Infringement Legal Penalties
Copyright Infringement Sentences and Penalties

If you need legal advice, it’s best to consult a lawyer specializing in intellectual property law to get specific information applicable to your situation.

Three Infringement Cases Involving Stickers and Labels

Bitburger vs. Budweiser

Verdict: Case dismissed

In the early 2000s, Bitburger Brauerei filed an infringement case against Anheuser-Busch—the manufacturer of Budweiser beer—over the right to use “Bud” as a trademark. According to the German brewery, the American brewery’s “Anheuser-Busch Bud” beer sounds dangerously close to Bitburger beer’s trademarked moniker, “Bit.” The court ultimately decided that German beer drinkers are not familiar with the American company, so it’s unlikely that they would confuse the two.

Interestingly, in Germany, Anheuser-Busch is banned from using “Budweiser,” since Czech brewer Budweiser Budvar first trademarked the name.

Pokémon vs. Redbubble

Verdict: Pokémon awarded $1 and 70% of court costs

Should online marketplaces monitor the products of their sellers? In December 2017, the Federal Court of Australia decided that print-on-demand platform Redbubble was guilty of copyright infringement over clothing, stickers, and other merchandise that featured several Pokémon characters, including pop culture icon Pikachu, and their associated logos.

Although users of the platform uploaded the designs, the court emphasized that Redbubble was still liable, since the unoriginal works were communicated and made available to the public using its website.

Pokémon initially sought over $44,000 in damages but was rejected since most of the infringing works did not result in losses or damage to profits.

The Associated Press vs. Street Artist Shepard Fairey

Verdict: Settled out of court

How do we differentiate inspiration from imitation? In 2009, the Associated Press (AP) filed an infringement lawsuit against street artist Shepard Fairey for producing the iconic Obama “Hope” poster. According to the news agency, the artwork was based on a copyrighted photo and modified using a paint-by-number program.

Fairey initially claimed that his rendition was modeled after a photo of the former president seated next to actor George Clooney also taken by AP from the same event. He eventually admitted that he used a solo shot and destroyed all the evidence that supported his previous story.

Although AP claimed that Fairey earned around $400,000 from websites, posters, stickers, shirts, and buttons during Obama’s campaign, both parties later agreed to settle the issue out of court.

Can you obtain copyright for handcrafted stickers and labels?

There is no harm in drawing inspiration from other hobbyists and DIY enthusiasts if you are working on a project intended for personal use. Once you put it up for sale, though, it’s a different story.

If you plan to start stickers and labels business, protect your original designs with the © symbol to prevent them from getting stolen. Alternatively, you can register your design with the US Copyright Office so you can take legal action in case of theft. The registration cost will depend on the mode of application: $125 for a paper application and $45 if done online.

Online marketplaces such as Etsy take copyright infringement seriously. Posting disclaimers such as “credits to the owner,” “inspired by,” or “not affiliated with” will not excuse you from the offense. Read this blog for a first-hand account of the consequences of committing copyright infringement on the platform.

Here are some insights from a graphic designer who sells her designs on Etsy:

Can you trademark a sticker or label?

It can be trademarked if the sticker design contains an original logo or slogan about a specific product or service. The US Patent and Trademark Office’s (USPTO’s) Trademark Electronic Search System is a search engine for trademarks and pending applications. You can check if the logo or slogan you came up with is already registered.

Similar to copyright registration, the cost of trademark registration depends on the mode of application. The USPTO’s full breakdown of trademark fees includes initial application, renewal, and international application to the World Intellectual Property Organization.

State trademark registration is a more affordable alternative; however, it does not offer nationwide protection. The USPTO has a list of trademark offices in every state. Get in touch with the office in your state to learn about their registration requirements.

Where can I find images and assets that I can use without the owner’s permission?

You may opt for royalty-free or stock photos and assets to stay on the safe side. These images are original works in the public domain. These assets are free to use for personal and commercial purposes or under a Creative Commons license (CC0), which means that the creator freely shares them.

• • Envato Elements offers more than 55M royalty-free stock photos and a vast library of graphics, templates, royalty-free music, etc.
• • Instasize gives you access to the entire stock photo library of Unsplash within their app.
• • Colorcinch is an intuitive photo editor which houses millions of stock images.
• • Stock photo has an extensive collection of high-resolution pictures and videos.
• • Openverse has over 600 million images and audio clips under a CC license and in the public domain
• • Pexels is a Canva-owned platform with over 3.2 million stock photos and footage
• • ISO Republic has thousands of CC0 images and videos
• • Public Domain Pictures contains over 400,000 photographs, illustrations, and graphics free for use
• • Realistic Shots has high-resolution stock photos, with seven new ones added every week
• • NegativeSpace hosts high-quality CC0 images, which users can easily browse by tags or by dominant colors
• • Magdeleine lets users download one free high-quality CC0 photo per day
• • Foodies Feed has a wide array of public domain food photos
• • Old Book Illustrations has an extensive database of book illustrations categorized by subject, artist, and title

Top 10 Copyright Myths

Now that you are familiar with copyright and trademark, you will no longer fall victim to copyright myths. Let’s debunk the following beliefs to save other creators from infringing copyright.

1. I’m not guilty of infringement, since I was not aware I had to ask anyone for permission in the first place.
False. It's better to spend more time and effort coming up with something original. The court will not accept lack of intent or ignorance of the law as an excuse for infringement.

2. I already have the owner’s permission to reproduce their work, since I bought a copy of the book/painting/sculpture/photograph.
False. There is a clear difference between owning the copyright and owning a copy of the original work. Reproduction, creation of derivative works, and distribution are exclusive rights granted to the copyright owner.

3. I don’t need permission, since I don’t intend to profit from my copies.
Somewhat true. Although the fair use principle allows the use of copyrighted material for educational and nonprofit purposes, it does not automatically apply to all cases. It’s also worth noting that fair use varies from country to country. If you are from the US, you may refer to the Checklist for Fair Use to determine if your purpose is within the scope of fair use.

4. I downloaded the material from the internet, which means it’s public domain.
False. Check if its copyright information is posted somewhere on the web page before you right-click and “Save As” on an image. Only materials that don’t belong to these criteria are free to use:

• • Works found in public domain platforms
• • Works whose copyright protection has expired
• • Works authored by members of the federal government

5. The owner is not from the US so US copyright laws do not protect their work.
False. Copyright protection still applies regardless of whether the owner of the material is from overseas. In 1886, 179 countries signed the Berne Convention for the Protection of Literary and Artistic Works. The international agreement shaped the copyright laws of all participating nations, including the protection of foreign works and authors, and is being upheld to this day.

6. It’s not copyright infringement if I'm only copying a small portion of the original material.
False. There is no clear measure regarding the amount of copied work that would count as infringement, so it’s still best to seek permission.

7. It’s not an infringement since I will acknowledge the copyright owner once my work is published anyway.
False. Only those who sought the copyright owner’s permission before using the original material are excused from copyright infringement.

8. There is no copyright symbol, so it’s free for everyone to use.
False. The use of the © symbol was deemed optional in the Berne Convention Implementation Act of 1988. Hence, not all works created after March 1, 1989, have it.

9. There’s no need to ask the owner for permission if it’s for educational purposes.
Somewhat true. It largely depends on the scenario—will the material be used in a face-to-face class, or will it be posted on a distance learning platform? Will it be presented at a conference, and will the presentation be available to the public afterward? This guide explains the copyright rules for different education-related scenarios.

10. Unless I register it with the US Copyright Office, my work is not protected by copyright.
False. Copyright protection applies the moment the original work is fixed on a tangible medium. It does not matter whether it was published. It is recognized as long as it is printed, saved, hung on, sculpted, or posted online. Although registration is voluntary, it offers significant benefits. For instance, you may be eligible for statutory damages and attorney’s fees if someone infringes on your registered work.

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Infringement and theft have become rampant, given how fast information spreads on the internet. Did you know that you can also use Google to check if your sticker and label designs are being used elsewhere? To learn how, read their quick guide on reverse image search.

Ready to learn more? For students, researchers, and academics, we have prepared a helpful article with free tools and tips on how you can prevent plagiarism. Read The Ultimate Plagiarism Guide: How to Detect and Prevent It and The Complete Guide to Image Copyright and Plagiarism next.