Thank you for correcting me on the NFP angle - I felt that I was on shaky ground so good to know. So I am right in assuming that the 'licence' would be issued by a State government department? If so, would they be the body who would have to approve use of the artistic work rather than the school?
I think you'll find that the head of the school (principal, headmistress etc) has delegation ("authority") from the department to do that.
Would-be bootlegger? Ha ha - whoa, calm down. I am none of these things. I am am simply looking at what opportunity there might be to legitimately create an alternative for parents of children in school to purchase equivalent uniforms at reduced prices without doing so in breach of copyright.
Most people who ask questions like yours on this topic are one of those three.
You're number three, in that the core of your problem appears to be with the retail price
(the other two are about infringing copyright, one way or the other).
By way of an example, I purchased a school netball uniform for my daughter the other day....
Greedy, maybe. But that's about it.
And (for the benefit of people who read this thread later) it's not monopolistic or anti-competitive in the way you were wondering about above.
The equivalence of (for example) a NRL club jersey and a public school uniform by regarding both as 'legit merch' is a little galling to me I will confess, irrespective of copyright. I would be interested in what kind of argument could be mounted that might distinguish between the two, specifically considering that the former is a discretionary purchase whereas the latter (for those attending the school) is not.
There is no distinction. That's the point.
As to the moral legitimacy of making margin on a product, think how many people do not blink at paying $120-odd for a footy jersey made for... a very low cost... in a sweatshop in a developing country.
The best angle might be for me to test the licence by applying for the use of one.
You're not "testing the licence" - that's not a term that has any meaning at law.
Understand however, that while there's no harm in asking for a licence of your own,
you'll also have nowhere to go if they just say "No."
One last thought - school politics can be feral. Consider the adverse impact upon your child(ren)
when you become the parent who "causes trouble".