Avoiding Copyright Infringement on Etsy
Understanding Copyright When Selling Posters on Etsy
Selling posters on Etsy can be highly profitable, but it’s crucial to understand copyright laws to avoid getting your shop banned. Many new sellers unknowingly violate copyright rules, while others knowingly take risks—some get away with it for a while, but most eventually get shut down.
In this guide, we’ll cover what counts as copyrighted material, the gray areas, what is public domain, and why selling copyrighted materials on Etsy is a bad long-term strategy.
1. What Material Is Copyrighted?
Copyright laws exist to protect original works of authorship from being copied without permission. Here’s what is typically protected:
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Protected by Copyright:
- Artwork & Illustrations – Paintings, drawings, digital art, and any creative visuals created by someone else.
- Photographs – Professional and personal photographs are automatically copyrighted by the photographer.
- Logos & Branding – Any logos or branding material (e.g., Nike swoosh, Disney logo) are trademarked and protected by copyright.
- Movie Posters & Album Covers – Any promotional material for movies, TV shows, or music is fully copyrighted.
- Book Covers & Pages – Artwork and text from books, including classic novels, are usually protected.
- Comic Book Characters & Video Game Art – Even if you redraw a Marvel or DC character yourself, it still violates copyright.
- Written Works – Books, poems, and scripts are protected, though short phrases and common sayings may not be.
Bottom line: If someone else created it and it’s not explicitly in the public domain, it’s copyrighted.
2. The Grey Area: What About Music Lyrics, Celebrities, and More?
Some areas of copyright law aren’t always black and white. Here are some common tricky topics that sellers ask about:
Are Music Lyrics Copyrighted?
Yes, song lyrics are 100% copyrighted. You cannot legally sell posters featuring lyrics from popular songs without permission. Even if you credit the artist, it’s still infringement.
Workaround? Avoid exact lyrics and instead use:
- Paraphrased lyrics (e.g., “Dancing in the dark” → “Let’s dance in the night”)
- Song titles (sometimes okay, but check trademark laws)
- Inspired quotes that reference the song without using lyrics
Can You Sell Posters with Celebrity Images?
Using a celebrity’s image without permission is a major copyright violation. This includes:
- Photographs of celebrities (even if altered)
- Movie stills
- Sports photos
Even if you modify the image into a painting or digital artwork, it’s still infringement because the original image is protected.
What about AI-generated celebrity images?
Even if you use Midjourney or another AI tool, if the AI is trained on copyrighted material, the result could still be considered infringement. Some platforms (like Etsy) may not catch AI-generated versions, but the risk remains.
What If You Just Use a Celebrity’s Name?
This depends on the situation:
- Celebrity names are sometimes trademarked (e.g., “Elvis Presley” and “Marilyn Monroe” are protected by their estates).
- If you reference a name in a factual way (e.g., “Inspired by David Bowie”), it’s usually fine.
- However, naming a product after a celebrity (e.g., “Taylor Swift Poster”) could be considered trademark infringement.
Can You Modify Copyrighted Images to Make Them Legal?
Modifying an image does not necessarily make it copyright-free. The rule of thumb is:
- Minimal changes = still copyright infringement
- Transformative work = possible fair use (but this is a legal gray area)
- Significant artistic reinterpretation (e.g., parody or satire) may be allowed but still risky
What About Trademarked Phrases?
Some short phrases can be trademarked, which means you can’t use them commercially. Examples of trademarked phrases:
- “Just Do It” (Nike)
- “May the Force Be With You” (Star Wars)
- “Hakuna Matata” (Disney)
Always check the USPTO trademark database before using a famous phrase.
3. What Is in the Public Domain?
The public domain consists of works that are no longer under copyright protection, meaning anyone can use them freely.
Types of Public Domain Works:
- Anything published before 1929 (as of 2025) is public domain in the U.S.
- Classic literature & illustrations (e.g., Shakespeare, Jane Austen, Edgar Allan Poe)
- Classic artwork (e.g., Van Gogh paintings, Henri Matisse artwork)
- Old scientific illustrations and patents
- Government works (U.S.) – Official NASA images, national park posters, and historical documents
- Certain folk art & music – Traditional folk songs and cultural artwork may be public domain
How to Use Public Domain Works:
- Reimagine and modernize them (e.g., colorizing black-and-white illustrations)
- Combine multiple public domain elements into new designs
- Verify the work is truly in the public domain (some classic book covers or movie posters may still be protected)
4. How Do People Sell Copyrighted Materials on Etsy?
If you browse Etsy, you’ll notice a lot of sellers offering copyrighted material. So, how do they get away with it?
The reality is:
- Etsy doesn’t proactively scan for violations—it relies on copyright holders to report them.
- Some sellers fly under the radar for months or even years before getting caught.
- Big corporations like Disney, Marvel, and Warner Bros. actively monitor Etsy and file takedown requests.
- Etsy removes listings and, in many cases, bans the seller when violations occur.
Just because others are doing it does not mean it’s safe. Eventually, sellers who violate copyright will be banned.
5. The Reality of Getting Banned on Etsy
One of the biggest risks of selling copyrighted material is getting permanently banned from Etsy.
Etsy’s Ban Policy:
- If you receive multiple copyright strikes, Etsy will shut down your shop permanently.
- Once banned, you cannot open another Etsy shop.
- Etsy bans are tied to your IP address, name, and banking details, making it extremely difficult to create a new account.
- Many sellers try to create new accounts, but Etsy is very good at detecting repeat offenders. If caught, they shut down the new shop instantly.
Bottom line: If you want a long-term Etsy business, don’t take risks with copyright.
Final Thoughts: Play It Safe & Get Creative
Avoiding copyright violations isn’t just about following the rules—it’s about building a sustainable Etsy business. Instead of copying existing content, focus on:
- Creating original artwork
- Using public domain materials
- Making AI-generated art unique
- Finding niche design styles that don’t rely on copyrighted material
By doing things the right way, you can protect your shop, grow your brand, and make money on Etsy long-term. 🚀