How a Copyright Lawyer in Toronto Can Help with Merch Rights

Selling merchandise (“merch”) isn’t just for touring anymore. Musicians and digital creators now use merch to share their brand and music with fans worldwide, often through social platforms and online shops. Tshirts, stickers, lyric prints and even digital downloads have become part of how musicians connect with audiences and earn income.

But here’s where things can get complicated: ownership of the designs, music or the brand image you’re building can be unclear. That becomes a problem when others are involved, like co-creators, brand partners or record labels. We work across music, film and visual arts, and we understand the unique needs of artists sellingmerch in Toronto. Merch can be part of your career, but only if you know what’s yours to sell and how to avoid legal issues before sales begin.

Why Merch Rights Matter for Musicians and Online Creators

Merch includes a lot more than just band shirts. It’s anything with your music, art or image on it that someone can buy. That includes:

• Clothing, like hoodies and tshirts

• Posters, lyric sheets or limited edition prints

• Music downloads or bundled content

• Branded accessories like hats or stickers

These items help turn a music project into something with more staying power. Fans get to show their support by wearing or collecting something connected to your sound.

But even simple products can come with serious rights questions. Before merch is exploited, it’s important to figure out:

• Who created the music, image or lyrics involved

• Who has permission to sell them

• What agreements already exist, like label contracts or artist partnerships

Skipping this step can lead to major problems down the line, from having to stop selling merch,  to facing copyright complaints. We review contracts and music rights to help artists avoid trouble before it starts.

Common Legal Problems with Music Merch

Musicians and creatives sometimes find out too late that they sold merch without the rights to do so. That can happen in a few ways:

• Using lyrics, logos or artwork that someone else owns

• Selling merch before checking what a contract with a label or sponsor allows

• Missing agreements with bandmates, producers or record companies on how merch profits are shared

Even social media can cause trouble. Posting custom merch to promote a brand deal or music release might accidentally break copyright lawsif parts of the design or sound are used without clear rights to do so.

One common mistake is assuming that performing or producing something means owning the rights. It often doesn’t. That’s where misunderstandings can arise, especially where more than one person helped create the content.

What a Copyright Lawyer in Toronto Can Do About It

When merch ideas are ready to go, we can help check what needs to happen next. That usually includes:

• Reviewing your music, contracts and any past agreements for terms that affect merch rights

• Advising on what can or can’t be sold based on Canadian copyright law

• Setting up new merch contracts that clearly list who owns what and how profits are handled

Canadian copyright law stipulates what is protected and how rights are acquired. If you worked with a designer, co-writer or another musician, you may need an assignment or licensing agreement or written split before using any shared work commercially.

Copyright in Canada protects original works, but doesn’t always say who gets what share. That needs to be worked out ahead of time through the proper legal steps through written contracts.

Merch Rights in Brand Collabs and Sponsored Deals

When merch is used in a brand deal, whether it’s physical items or digital graphics included in a sponsorship, the legal pieces get more complex.

These situations raise questions like:

• Is the merch part of the deal or separate from it?

• Who owns the rights if shared music or brand elements appear on the items?

• Does the business partner have control over where or how the merch is sold?

To avoid legal issues, merch should be clearly addressed within any brand or influencer contract. The deal should say:

• What each person can sell using the shared content

• Who has the rights to logos, names or designs

• How revenue from merch is split, if at all

This is true even for short seasonal partnerships or one-off collabs tied to a single song or video. Once merch is printed or uploaded, problems get harder to undo.

Sorting Merch Rights Early Saves Trouble Later

If merch is on shelves or already in fans’ hands, it’s tough to backtrack. Fixing ownership problems after the fact often means:

• Having to stop selling the product

• Dealing with partner conflicts or surprise claims

• Paying settlements or losing income

Having clear merch rights makes new opportunities easier. Sponsors, labels and fans notice when your merch is handled professionally. We advise musicians, labels and creators by clarifying rights from the start and avoiding costly mix-ups.

Build Merch with the Right Legal Foundation

Merch is a powerful way to build your brand and connect with fans, but it works best when backed by clear legal ownership. The choices you make before you launch a line or enter a collab will decide how protected you are down the road. In Toronto’s creative scene, working out these details early can let you move forward confidently.

Sorting out your licensing, ownership and contract terms from the start helps protect your merchandise, sponsorships and creative projects. When things get complex, especially with collaborators involved, our team can help clarify your next steps. Speak with a copyright lawyer in Toronto to get personalized guidance and see how Sanderson Entertainment Law can support your success.

The above article does not constitute legal advice. In any legal situation, skilled legal advice should be sought.