REDBUBBLE D.M.C.A. takedown question

I got a note today from [[email protected]](mailto:[email protected])

Hi,

We’re sorry, but we had to remove some of your artwork from the Redbubble marketplace because it may contain material that violates someone’s rights. We identified this material in your artwork based on guidance provided to us by the owner of those rights.

More information:

Rights holder: Creative Licensing Corporation Subject matter: Terminator

...They then give me the option to Dispute the removal:

Filing a Counter Notice If you believe that removal of the content is the result of a mistake (for example, that you have authorisation) or misidentification, you can send us a counter-notice. Such counter-notice must provide the following information: 1. An electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter; 2. a description of the content which we have removed, including the URL on which the content was located on the Redbubble site; 3. your address, telephone number, and email address; 4. a statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person; 5. a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 6. You can send a counter notice to [[email protected]](mailto:[email protected]) If we receive your counter-notice but your work does not comply with the Redbubble User Agreement and/or IP/Publicity Rights Policy, we may inform you that we are not be able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated. In many circumstances, however, we will forward your counter notice directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you in the United States. If after 14 days the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our User Agreement and IP/Publicity Rights Policy, we may reinstate your work at that time.

To be fair this image is a composite(SURPRISE!), although I spent a fair amount of time to make it all fit together, and I sort of thought it would fall under "fair use". And really if I was expecting a dmca I was really expecting to come from my use of Obama's image which was the least edited part of the design. Instead It's the terminator who is coming for me ;). I'm kind of left scratching my head exactly why though? Is it the font I used: Terminator Real NFI? Apparently, now that i check, there Is A License for this font, which i downloaded from dafont.com for free, although Norfok Incredible font design is listed as the rights holder, and I got the dmca notice from Creative Licensing Corporation. Is the problem not the font? Is it the stock T800 photo I manipulated to hell? But when I do a search I see tons of other terminator themed posts, not to mention other CLC content. Have all of these other creators gotten permission for their creations? My design is obviously meant satirically, and I don't think is competes with the terminator franchise, but was more of a statement about Obama's use of Drones in the Middle East. What do you all think? Why am I being singled out?

Anyway, enjoy the free design. I can't publish it anywhere. I guess I'll have to find somewhere else to publish/print. The thing is, I'm not really planning to print more than 50 of any design, and at that small number, the prices on places like stickermule really isn't any cheaper than it would be at redbubble(actually a little more expensive). Any suggestions?

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