Whether creating designs yourself or purchasing licensed artwork, simply changing colors or adding icons does not count as “modifications” for copyright purposes.

21. Whether creating designs yourself or purchasing licensed artwork, simply changing colors or adding icons does not count as “modifications” for copyright purposes.

Cost: 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.

In plain terms: 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.

Benefit: 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).

Evidence grade: A

Sources: National People's Congress Standing Committee (2020). Copyright Law (2020 amendment, Article 52, Paragraph 6, Article 53). <http://www.npc.gov.cn/npc/c2/c30834/202011/t20201119_308796.html>; National People's Congress Standing Committee (2020). Criminal Law Amendment (11) (Article 21, Article 217, 218 of the Criminal Law). <https://www.spp.gov.cn/zdgz/202012/t20201227_503682.shtml>; Supreme People's Court of China, Supreme People's Procuratorate of China (2025). Interpretation of Several Issues Concerning the Application of Laws in Handling Criminal Cases of Intellectual Property Infringement (Fa Interpretation [2025] No. 5). <https://www.spp.gov.cn/xwfbh/wsfbt/202504/t20250424_693977.shtml>; Standing Committee of the National People’s Congress (2019). Trademark Law (amended in 2019, Article 57, Item 2; revised in 2026, Article 72, Item 2). <https://www.cnipa.gov.cn/art/2019/7/30/art_95_28179.html>

Notes: There 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.