Designing products inspired by celebrities might seem like a genius marketing move, maybe it’s a cheeky tee with a pop star’s signature quote or a tote bag with a stylised sketch of your favourite actor. But before you start uploading those designs to your online store, let’s take a deep breath and talk about the legal side of things. Because while you might be full of creative energy, what you don't want is a cease and desist letter arriving in your inbox.
Let’s explore how to create legally legit, inspired products and avoid the costly legal mistakes many creatives unknowingly make.
Inspiration vs. Infringement: Drawing the Line
What Counts as Infringement?
Pop culture is everywhere. It's natural that creators, designers, and makers are drawn to celebrity culture when looking for design inspiration. Fan art, memes, and celeb-themed collections can all feel like harmless fun, but things get legally murky the moment you try to sell something that features a celebrity’s face, name, or even a quote.
Here's the thing: using someone’s image or identity for commercial gain is where most people get caught out. Even if you feel like it’s just a tribute or a cheeky reference, the law looks at how the average person might interpret it. And if they think your product looks like it’s endorsed by, sponsored by, or affiliated with that celebrity? That’s a problem.
And it doesn’t stop at obvious lookalikes or names. Even subtle visual cues, think silhouettes, iconic styles, or well-known catchphrases, can trigger legal red flags if they feel too close to the real thing.
What Might Be OK (Low-Risk Alternatives)
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Not all inspiration is off-limits. Here are a few safer ideas:
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Designing with themes, colours, or aesthetic vibes that nod to a public figure, without referencing them directly
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Creating transformative art that includes strong commentary, critique, or satire (but be cautious if you’re selling it!)
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Using royalty-free assets and building original characters inspired by celebrity energy (without likeness)
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Personal fan art for private enjoyment (not for commercial sale
Still unsure? Ask yourself: If someone saw this design, would they assume the celeb was involved? If the answer is even "maybe," don’t risk it. -
Australia Doesn’t Have a “Right of Publicity” Law… But
In countries like the United States, celebrities are protected under what's called the right of publicity, a legal right that allows them to control how their image, name, and likeness are used for commercial purposes.
Australia doesn’t have an equivalent law. That said, don’t get too comfy, there are still legal pathways celebs and public figures can take if they feel their brand is being used without permission:
Australian Consumer Law (ACL)
Sections 18 and 29 prohibit misleading or deceptive conduct, including false representations about endorsement.
Common Law of Passing Off
A celebrity may claim that your product creates a misrepresentation that damages their reputation or brand.
Even without a specific law about publicity, the combination of ACL and passing off still provides strong protections for public figures.
What About Disclaimers?
This is a common misconception: that adding a disclaimer like "Not endorsed by Harry Styles" makes it all okay.
Nope. If the product still gives the impression that there's a connection, regardless of disclaimers, you can still breach the ACL or commit passing off. Courts look at the overall impression of the product, not just the fine print.
So no, the disclaimer doesn't save you.
Protect Yourself and Your Brand
If you’re a designer or creative entrepreneur, you don’t want to throw months of work (and your online rep) down the drain by unintentionally breaching IP laws.
Here’s how to stay safe:
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Avoid using celeb faces, names, and quotes unless you have a licence
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Do a trade mark search before launching anything
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Get clear on whether your design could be misleading
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Use templates and guidance to ensure your contracts and licensing are on point
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Design With Confidence
Transform your creative ideas into legal masterpieces. Download our Licence Agreement Template to safeguard your business. Learn more here.
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**Disclaimer. Please read!!***
This article is for general information purposes only and should be used solely as general guidance. It does not and is not intended to represent legal advice or other professional advice.
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