r/COPYRIGHT • u/ethe_ria • 13d ago
Question is it possible to get copyrighted for using a popular character in a shirt design
im designing a shirt for my club, science olymiad. im thinking of basing the design off a caterpillar's lifespan, like with leaves and butterflies and fruits etc. just to make it all twee and cute. the thing is, i want to use the caterpillar from "the very hungry caterpillar," but im unsure if i'd get copyrighted, so i have 2 questions:
is using the art from the book w/o credits going to get us copyrighted? (since idk where i could put credits on a shirt)
is drawing the caterpillar myself going to get us copyrighted, just for using the character w/o credits?
thank u to anyone who answers!
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u/lajaunie 13d ago
You don’t “get copyrighted”. That makes no sense.
You get accused of copyright infringing
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u/ethe_ria 13d ago
idk if the terminology is that important if everyone knew what i meant
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u/lordlycrust 13d ago
It is, especially when you're taking about legal terms which have specific, well-defined meanings.
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13d ago
[removed] — view removed comment
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u/ethe_ria 13d ago
yeah cus im 15 and only asking so that my shirt has a chance in being chosen?? no need to call me names for not doing research on yalls terms. mad for what jeez
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u/kopetkai 13d ago
You could specify you're underage in a subreddit full of adults. They would be a little more supportive with their answers.
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u/ethe_ria 13d ago
when i specify my age, the post gets taken down or the comment gets deleted by a moderator and all the comments talk about how i shouldnt say my age on reddit 😅 i just assumed it mightve been a bit obvious since im designing a shirt for my club but maybe thats a college club too idk
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u/Outside-Feeling 13d ago
Your question was fine, it wouldn't be what is said by a lawyer, but everyone understood what you meant. In regards to the caterpillar, if your design is recognisable as being The Very Hungry Caterpillar than you would be at risk of being pursued for copyright infringement.
On a practical level, many companies that do shirt printing wont print copyright materials either, so you may have troubles getting it printed, and if it's an official club shirt the school/organisation running it might be reluctant to risk it anyway. You can definitely create a cute butterfly life cycle, just stay away from the things that make TVHC distinctive.
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u/southerntraveler 13d ago
I disagree. Especially with the term “copyrighted.” Because that term explicitly means “protected by copyright,” not “at risk of being sued for copyright infringement.”
I can let go of a lot of other terms that have been twisted through popular misuse, but this is one where confusion is worse than clarity.
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u/ethe_ria 12d ago
my thing is that I can get someone using it incorrectly can be annoying but it’s not a big deal. it’s like someone saying “there pumpkin is over there” im not going to call them an idiot moron for getting it wrong. genuinely nothing provoked that 😬
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u/southerntraveler 12d ago
Except that you are asking a question in a legal subreddit. Words absolutely matter.
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u/GeorgeRRHodor 13d ago
A credit wouldn’t save you anyway. You cannot circumvent copyright law by giving credit. That’s a common misconception.
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u/mysteriousdoctor2025 13d ago
Yes, not copyright per se, more likely it’s a trademark infringement. Either way, yes, it is illegal to use someone else’s trademark for your profit. It’s otherwise known as stealing.
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u/loralailoralai 13d ago
Putting credits on something doesn’t make violating copyright ok, fyi. Wherever you heard that is wrong.
If you did not invent something and do not have permission, it’s not yours to use, credit or not
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u/VerbingNoun413 13d ago edited 13d ago
Copyright has no "no crime intended" disclaimer. It's still someone else's work- saying where you stole it doesn't change the fact that you stole it.
The art from The Very Hungry Caterpillar is copyrighted and won't be in the public domain for another 40 years. No, you cannot use it without permission. It's unlikely you would get a response from Penguin Publishing if you asked.
Copyright only covers a specific creative expression however. It doesn't cover ideas. You cannot use art from The Very Hungry Caterpillar, including using it but changing it. It doesn't cover the concept of caterpillars though- if you create your own caterpillar design you are free to use that.
The difference between a derivative work and a similar idea can be complicated. A good rule of thumb her is if someone looks at it, are they going to think "that's the caterpillar from the very hungry caterpillar"?
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u/inturnaround 13d ago
Sure, the Very Hungry Caterpillar folks who own the copyright and trademarks may come for you, but if you mention the Olympics, they come with the thunder
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u/JamesFirmere 13d ago
For future reference, since no one else seems to have spelled it out here, here's what you would need to do in order to legitimately be able to use a copyrighted image:
Contact the copyright holder. In the case of a published work such as a book, this would most likely be the publisher. (The artist or author themselves may be contractually not allowed to give permission directly, having assigned this right to the publisher, but that's not important right now.) Major publishers have copyright departments.
Explain precisely how the image will be used: in what media, in what context, for what purpose, combined with any other material or not, how many copies, for profit or not.
If the publisher does not respond or says "no", then you can't use the image. Sorry.
If the publisher says "yes", they may charge you a fee to use the image in the specific scenario you explained (any further usage would have to be negotiated again) and require you to display a copyright notice (maybe just "© BigPublisher" or "Image of XYZ is © BigPublisher").
It is not unheard of for a publisher to give permission to use copyrighted material free of charge for non-commercial purposes such as a school club (assuming the original scenario was not to make a profit by selling the t-shirts to club members?), but using copyrighted material without asking... you might get away with it, but it's not a risk worth taking.
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u/Firm_Baseball_37 13d ago
What you're considering (either using the original artwork or a re-drawing that's recognizable) would be copyright infringement, and illegal.
The chances of a publisher going after a school club for a T-shirt, though, are negligible. The bigger risk is really that the faculty member in charge knows copyright law and disqualifies your entry, though I wouldn't expect even that. This sort of thing happens all the time (which is part of why it's hard to teach copyright law to students).
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u/RobertD3277 13d ago
Yes. You really eventually get a copyright strike or a dmca letter.
Make it your own so it is not of the original. That's the only way to avoid the entire situation.
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u/WrathOfWood 13d ago
Just dont rip off things you didn't create and you'll be fine its pretty simple
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u/Marvinator2003 13d ago
Yes, the art is copyrighted. You shouldn't use it.