Copyright Selling custom designs of musicians on Redbubble

[WeepingWalls]

Jurisdiction

Other

Hello, I'd like to sell posters and merch with custom designs about musicians (using CC or old photographs, or by asking for permission from the photographers) on Redbubble. I tried uploading a design of Radiohead (title: Influential Musicians: Radiohead) and it got taken down because the term "Radiohead" itself was copyrighted. My question is that is that how are there dozens of "Radiohead" designs available on the platform from different accounts? (Or any other musician in that regard)
Thank you for your time and guidance in advance.

 

[Zigner]

My question is that is that how are there dozens of "Radiohead" designs available on the platform from different accounts? (Or any other musician in that regard)

My answer is that there's no way we could even know. Ask the administrators of the platform.

 

[zddoodah]

I'd like to sell posters and merch with custom designs about musicians (using CC or old photographs, or by asking for permission from the photographers)

What does "using CC" mean? Are you saying that you're proposing to create these posters and merch and sell them? Or are you talking about buying existing posters and merch and selling them? Sounds like the former.

I tried uploading a design of Radiohead (title: Influential Musicians: Radiohead) and it got taken down because the term "Radiohead" itself was copyrighted.

No...a "term" cannot be "copyrighted" (and the word "copyright" is not properly used as a verb). The name "Radiohead" is a trademark that is owned by the band of the same name or some legal entity that is owned/controlled by the band to manage its intellectual property rights. Copyright and trademark are not the same thing.

My question is that is that how are there dozens of "Radiohead" designs available on the platform from different accounts?

How should we know?

Sounds to me like you are seeking to profit off the fame/notoriety of others without having proper licenses. Bad idea.

 

[adjusterjack]

Sounds to me like you are seeking to profit off the fame/notoriety of others without having proper licenses.

There should be a support group for people who want to infringe on copyrights and trademarks. We sure get a lot of them here.

Infringers Anonymous. Go to meetings. Get a sponsor who can be called when the urge to infringe presents itself and get talked down.

 

[flyingron]

Again, notwithstanding the copyrights (which could be a quite valid issue), you also have the right of publicity of the person whose likeness you are using.

Note sites like Redbubble will pretty nicely roll over and delete your material if they get a complaint. If you accumulate multiple complaints, redbubble determines you to be a "repeat infringer" and you'll be banned.

https://help.redbubble.com/hc/en-us/articles/201579195-Redbubble-IP-Publicity-Rights-Policy