Whether creating designs yourself or purchasing licensed artwork, simply changing colors or adding icons does not count as “modifications” for copyright purposes.
Even if you alter an existing image by changing its colors, background, or adding your own icons, you still have not obtained permission to use that artwork. Making money by reproducing someone else’s artwork—whether you earn 30,000 yuan, reach 50,000 yuan in sales, or print 500 copies—constitutes copyright infringement and can lead to a prison sentence of up to three years. In trademark law, any mark that is “likely to cause confusion” is considered infringing as well.
Licensing fees from legitimate stock image libraries start…
Copyright law treats any unauthorized adaptation, translation, or annotation of a work as equivalent to outrig…
Licensing fees from legitimate stock image libraries start at just a few dozen yuan per image. Hiring a designer to create original artwork can cost several hundred to several thousand yuan. For every image used on products, keep a record of the license and proof of purchase. The real challenge is avoiding the use of random images found online.
Copyright law treats any unauthorized adaptation, translation, or annotation of a work as equivalent to outright copying. Therefore, modifying an original image by changing colors, background, or adding icons still counts as using someone else’s work without permission. The legal thresholds for punishment are as follows: if you profit from selling artwork without permission from the copyright holder—earning at least 30,000 yuan in illegal gains, reaching 50,000 yuan in total illegal business volume, or producing 500 copies or more—you commit copyright infringement and may be sentenced to up to three years in prison and fined. If the illegal gains reach ten times that amount, the sentence rises to three to ten years. Selling counterfeit goods bearing unauthorized designs also carries penalties: selling for over 50,000 yuan or reaching 100,000 yuan in sales can result in up to five years in prison. For trademarks, using a mark similar enough to cause confusion on identical or related goods is also illegal. Even minor modifications do not create a safe zone; such changes remain infringing under current law (effective April 26, 2025).
全国人大常委会 (2020). 著作权法（2020 年修正，第五十二条第六项、第五十三条）. http://www.npc.gov.cn/npc/c2/c30834/202011/t20201119_308796.html；全国人大常委会 (2020). 刑法修正案（十一）（第二十、二十一项，即刑法第二百一十七、二百一十八条）. https://www.spp.gov.cn/zdgz/202012/t20201227_503682.shtml；最高人民法院、最高人民检察院 (2025). 关于办理侵犯知识产权刑事案件适用法律若干问题的解释（法释〔2025〕5 号）. https://www.spp.gov.cn/xwfbh/wsfbt/202504/t20250424_693977.shtml；全国人大常委会 (2019). 商标法（2019 年修正，第五十七条第二项；2026 年修订后为第七十二条第二项）. https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html
Open source linkThere are three common pitfalls to watch for. First, printing cartoon characters or celebrity images found online onto clothing, mugs, or phone cases without permission. Second, commercial use of fonts: most require separate licensing, and free preview versions are not automatically free for business use. Third, including unauthorized assets in client designs—the seller remains legally responsible. To simplify compliance, use licensed stock image libraries and keep all license documents on file. Alternatively, require designers to specify the source and scope of any used materials in a contract, making them liable for any resulting issues. Beyond criminal penalties, civil damages and administrative fines apply as well: if public interests are harmed, illegal earnings may be confiscated and fines imposed at 1–5 times the illegal business volume. For trademark checks prior to production, see item 19 (verify samples against the full production list). Conversely, if someone uses your own designs without permission, these same legal provisions apply to protect your rights.