Is it legal to make designs on T-shirts and shoes and sell them online?

[jdshop]

What is the name of your state (only U.S. law)? California

I've seen a lot of online freelance artists buy plain name brand T-shirts and shoes (like American Apparel, Fruit of Looms//Converse, Vans) and use them to paint on custom designs and characters to sell online on their website. Some artists even go further out to buy electronics (like Phillips headphones) and customize it with their own cool designs in paint--and people purchase it.

What's the legality of this? Because while the design they put onto T-shirts and shoes may be theirs, the T-shirts, shoes, and paint I use to implement the design is not theirs.

They run their website like a small business, so I'm assuming they have certain licenses to do so? I am also a freelance artist looking to get into this market, so what will I have to do to make these legal? I can't seem to find the answer on the Internet. Help??

P.S: If it helps any, I am a 20 year old art student looking to make her own customs online business. Thanks in advance!

 

[Hot Topic]

You can use your own, individual designs, but not any copyrighted by someone else. For example, you couldn't put a picture of Bugs Bunny on a t-shirt against a background you had created. That's considered an infringement, and attorneys would be all over you.

I like to compare it to a situation where someone sees your original design, puts it on a totebag and sells it. That person hasn't asked your permission and doesn't share any of the profits with you.

 

[jdshop]

You can use your own, individual designs, but not any copyrighted by someone else. For example, you couldn't put a picture of Bugs Bunny on a t-shirt against a background you had created. That's considered an infringement, and attorneys would be all over you.

This is am aware of, but my question is if I used my own personal designs/characters that are not copyrighted by someone else to make and sell T-shirts and shoes. The T-shirts and shoes I do not own. I'm pretty sure it wouldn't constitute as an ordinary resale since it's not being sold in its original condition.

I do have examples but I don't want to call out specific freelance artists since that wouldn't seem fair to them :/

I hope my question makes sense though

 

[Alex23]

I do have examples but I don't want to call out specific freelance artists since that wouldn't seem fair to them :/

Duchamp won't care, he's already dead.

 

[quincy]

There are problems you can run into when using trademarked goods as a jumping off point for your own creative work.

Because this was discussed at some length and in some depth not too long ago, you may wish to review the following thread and post back here if your questions have not been answered by the information posted there:

Use the "Search" feature in the bar above, enter "selling reconstructed hockey jerseys" in the key word box, highlight Sports/Arts/Entertainment in the forum box, enter the verification code, and read the thread started by TML girl,

OR

Go to https://forum.freeadvice.com/sports-arts-entertainment-law-86/selling-reconstructed-hockey-jerseys-legal-506442.html.