Walmart Copyright Infringement: What Artists and Retailers Need to Know

If you are an artist or creator, discovering your work on Walmart products without your permission can be shocking and frustrating. Copyright law offers important protections against Walmart copyright infringement, but disputes involving large retailers like Walmart are often more complex than they appear.

In this article, we’ll explain what artists should do when their work appears on Walmart products and how Walmart or its suppliers typically respond.

What is Copyright Infringement?

Copyright laws protect works in “a fixed tangible medium,” which includes original creative works like illustrations, murals, paintings, sculptures, photographs, and digital designs. Infringement occurs when someone reproduces, sells, or displays your work without permission. In a retail setting, infringement occurs when an artist’s design is placed on products sold in stores or online, or packaging or advertising materials incorporate art without a license. For instance, a t-shirt includes an illustration, or a framed print is a reproduction of a wall mural.

The Copyright Laws Behind Retail Infringement

Copyright in the United States is governed by the Copyright Act of 1976 (Title 17, U.S. Code). For artists, the law grants an exclusive bundle of rights in their original works, including the right to reproduce the work, prepare derivative works, distribute copies and display the work publicly.

When a retailer or supplier uses artwork without permission, that activity may infringe one or more of these rights.

Important note: Copyright protection exists automatically once a work is created and fixed in a tangible medium (like a drawing, photo, or digital file). Registration with the U.S. Copyright Office, however, is a prerequisite for filing a lawsuit in federal court and is critical to the remedies available. Registration can be useful if you discover a Walmart copyright infringement.

Types of Damages in Copyright Cases

The Copyright Act seeks to protect creators against infringement. Wit that in mind, it offers two main categories of damages:

1. Actual Damages and Profits

Actual damages reflect the harm suffered by the artist, which is often measured by the fair market value of a license fee that should have been paid. Sometimes, this number is difficult to calculate or prove. Profits mean the infringer’s profits attributable to the use of the artwork (after deducting expenses). So, in practice, if a supplier made significant revenue selling t-shirts with an artists design, they may recover those profits, even if they cannot show a direct financial loss.

2. Statutory Damages

Statutory damages can add up quite fast. For basic infringement, they range from $750-$30,000 per work infringed. If the infringement was “willful”, a court can award up to $150,000 per work. This type of damages only if the work was registered before the infringement began (or within 3 months of publication).

3. Attorneys’ Fees and Costs

If the work was timely registered, courts may award reasonable attorneys’ fees and litigation costs to the prevailing party. This makes early registration of a copyright a powerful tool for artists, it not only strengthens their case but also makes legal representation more affordable.

How This Plays Out in Walmart Copyright infringement

• For Artists:
  Registered copyrights give leverage, both in negotiations and in court, because statutory damages and fee-shifting increase settlement pressure.
• For Retailers/Suppliers:
  Common defenses include claiming the work was independently created, properly licensed, or used without knowledge of infringement. They may also argue that damages should be minimal, especially if sales volume was low or the infringement was inadvertent.

Because both sides face risks (uncertain court outcomes, legal costs, reputational harm), many disputes are resolved in settlements before reaching trial.

Practical Implications

• Artists who haven’t yet registered their work should consider doing so proactively — it can be the difference between negotiating from a weak position and having strong statutory remedies.
• Companies that source artwork need to carefully vet licenses and supplier agreements to avoid exposure to significant damages.

What Artists Should Do If their Artwork has been stolen

1. Gather evidence: Take screenshots of product pages with URLs and dates, photograph physical products if possible.
2. Evaluate your rights: Registered works qualify for statutory damages and attorney’s fees, while unregistered works may still be enforced, but remedies are more limited until registration.
3. Take practical steps: Consult with a copyright attorney if you want to act, consider sending a cease-and-desist or DMCA takedown notice.

How a Store Should Respond to Defend Itself

From the corporate perspective, claims of copyright infringement are serious, but they are also common in large-scale retail. Typical responses include:

• Investigating the supply chain to trace whether a vendor or third-party seller provided the design.
• Checking for independent creation or licensing that might justify the use.
• Removing or delisting products to reduce exposure while investigating.
• Negotiating settlements or licensing agreements to resolve disputes.

Retailers also rely on supplier agreements (which usually require vendors to indemnify Walmart) and compliance tools like the Walmart Brand Portal for managing IP claims.

Frequently Asked Questions About Walmart Copyright Infringement

Have questions about copyright infringement? Stemer Law (Stemer, P.A.) is a Denver trademark and copyright law firm serving clients across the U.S. and abroad. With 1,000+ trademarks filed, we make IP protection simple, affordable, and effective. To speak with an intellectual property attorney contact us at hello@stemerlaw.com or (303) 928-1094.