Permission and usage of band names

[Matt Reid]

Hi all,

I'm fairly new on here (returning after a few years away).

I've become more and more curious as of recent how designers approach receiving permission to create poster designs for large profile bands these days. I might be wrong and forgive me if so, but with the hundreds (maybe thousands) of QOTSA and Melvins silk screened posters available to purchase from a variety of designers across the globe, call me cynical but I'm dubious ALL of these have been 'approved' by the bands featuring on them to print and arrangements for profits of said posters split between designer/band.
I for one have always seeked approval of bands before I include them on the posters I design (if I haven't been contacted first hand to create it by band or promoter directly instead) as I feel this is the right thing to do.
I'd personally feel uncomfortable creating a poster design without a bands approval if I intended to sell said poster to the general public as it could be argued using a bands name on a poster design only aids sales using their profile and popularity (even with a strong design). The same applies to the increasing market of film poster redesigns, which again are helped a great deal by a films popularity in the first place.

Is this a grey area of selling artwork featuring band names / film titles / imagery or just a free market to throw yourself into?

In theory, every band featured on a poster on general sale should be entitled to a %age of the profits made from their sales surely? However, I'm sure 99% of bands probably would be happy to have their names featured on a beautifully silk screened poster, but what about the 1% that may want their £$ or that it questions their style or integrity?

Has anyone had any horror stories of having lost a considerable amount of money on poster manufacturing costs in order to fulfill an artists profit arrangement?
Ever been contacted after printing a poster without permission to use their name and asked to pay a fee?
How do each of you approach artists of a high profile if you have no connection to them in the first place, do you create a design first and send it off to the designer with your fingers crossed that they like it? Or do you just create it, print it and sell it without permission?

I may have just committed suicide on this forum but I'm actually just curious!

[40ozGraphics]

If the poster is not commissioned by the band, it's management or arranged by the venue with permission from the band, the poster would be a bootleg and subject to seizure and restitution.

[seireyho]

Easy answer. You get hired BY the band. By you getting permission to do free work for the band, you're fucking all of us.

[andydiesel]

I am the manager for all the bands, I give you permission to do anything you want.

[Unitus]

Your examples (Melvins, QOTSA) have both had MULTIPLE tour series, where a poster was created for each stop of the tour. Totally legit.

[allenboe]

I am the manager for all the bands, I give you permission to do anything you want.

The truth.

[bingybunny]

I for one have always seeked approval of bands before I go ahead and bootleg the fuk out of them

I'm sure you have.

I'm sure 99% of bands probably would be happy to have their names featured on one of my bootlegged posters, but what about the 1% that find out about my shit and want their money ?

Good luck with that.

[ricv64]

Some guys are really good ,and learned how to, at talking to the bands and some aren't . Some know Andy Diesel

[boatdreams]

I mean no disrespect, Mr. Reid, but you're kinda doing this the wrong way.
We're not making fan art and seeking retroactive band approval. As was stated, we have been commissioned by the band, management, or a venue to produce a limited run of posters to promote an event(s) or to be sold as merchandise at said event(s). More often the not, part of the arrangement involves the artist getting permission to print and sell extras for themselves.
I give you props for asking questions. There are plenty of people who don't seek to understand how this whole thing works, and then just dig themselves deeper trying to defend their actions.

[Matt Reid]

I mean no disrespect, Mr. Reid, but you're kinda doing this the wrong way.
We're not making fan art and seeking retroactive band approval. As was stated, we have been commissioned by the band, management, or a venue to produce a limited run of posters to promote an event(s) or to be sold as merchandise at said event(s). More often the not, part of the arrangement involves the artist getting permission to print and sell extras for themselves.
I give you props for asking questions. There are plenty of people who don't seek to understand how this whole thing works, and then just dig themselves deeper trying to defend their actions.

Cheers Boatdreams for one of the more mature reply's.

I accept the more experienced poster designers on here are totally legit and are commissioned for each and every design. However I'd hope some may understand the difficulty for the under dog sometimes to get commissioned work, generally being noticed and sometimes I have created the odd poster for free. Not intentional to 'fuck' anyone else in the industry but to get my foot in the door so to speak. Maybe even an artist you greatly respect or admire comes along and you just want to do the poster but your informed theres no budget other than a crappy inhouse poster. I don't feel the need to do this anymore mind but I can appreciate why some of the more innocent designers have done it.

As I said previously though, I don't bootleg posters and have never created or printed a poster that wasn't commissioned or was without approval by said bands, promoter, management or anyone involved - frankly I would be scared shitless of the legal repercussions of doing so! But the fact is, some folk do and I can appreciate this is a touchy subject for some and has rustled a few feathers. I just wanted to know what the general consensus is for a legitimate job and how they feel about said few. It seems pretty clear now, so thanks to those that answered honestly. Its an interesting subject for anyone new to the game and wondering how it should be done. Saves you lot being 'fucked' over too.