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 lists «using a work by adaptation, translation, annotation, or similar means without the copyrig…
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 lists «using a work by adaptation, translation, annotation, or similar means without the copyright owner's permission» alongside direct copying as infringement. So recoloring, changing the background, or adding your own icon is still unlicensed use of someone else's work. The criminal threshold: for profit, without the copyright owner's permission, you reproduce and distribute fine-art works. Three numbers trip the offense: illegal gains of 30000 yuan; illegal business amount of 50000 yuan; or 500 copies (sheets) or more. Hit any one and it is copyright infringement—up to 3 years plus fine, or fine alone. At ten times those levels: 3–10 years. Only selling others' infringing copies: illegal gains of 50000 yuan or more, or sales of 100000 yuan or more—crime of selling infringing copies, up to 5 years. Trademarks likewise: two «likely to cause confusion» situations are infringement by themselves—using a similar mark on the same goods, or the same or a similar mark on similar goods. «Similar» is an express statutory infringement form. Editing someone else's trademark and reusing it still infringes if confusion is likely (nationwide; interpretation effective 26 April 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. Posting others’ comics or TV shows online with ads or memberships crosses a criminal line in Section 9, item 24 (fan-translated comics and reposting TV shows).