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Author Topic: Confused on rejection letter from Fotolia  (Read 7277 times)

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« on: October 31, 2006, 06:23 »
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Maybe some of you here could chime in on this as I am getting NO help on the legal board over there. My biggest selling shots on all the sites I belong to have been my photos of Hotrods. However, it seems that fro some reason, Fotolia doesn't like them, and I keep getting declined on "Intellectual/Industrial Property issues" even though most are hard crops with NO identifiable logos in them! Heck I find it ironic that they actually accepted this one here http://www.fotolia.com/user/foto_indexation.php?IDFoto=1148937 (1 of 2 they have accepted outta the 200 some odd I have uploaded) but they declined this shot here http://img161.imageshack.us/img161/363/hotrodwithflamesrw2.jpg & this shot here yesterday http://img117.imageshack.us/img117/4043/flamedfordhotrodgc9.jpg  Needless to say I am getting VERY frustrated with Fotolia as they are the only site giving me problems with these shots. I posted this on the forums there http://www.fotolia.com/forum/?thems=24208  but it still is unanswered. Thoughts? Suggestions?


« Reply #1 on: October 31, 2006, 06:34 »
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well i would have to agree that that is a pretty tight crop not showing much and that other images they have accepted are more questionable copyright infringement.  Not sure what to say here though.... i guess it was just one reviewer who was a little unsure of what was expected.  Perhaps chad will chime up here as well :)  Let us know what you find out.

« Reply #2 on: October 31, 2006, 06:44 »
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well i would have to agree that that is a pretty tight crop not showing much and that other images they have accepted are more questionable copyright infringement.  Not sure what to say here though.... i guess it was just one reviewer who was a little unsure of what was expected.  Perhaps chad will chime up here as well :)  Let us know what you find out.

Honestly, it is makin me crazy! One shot that they declined is my Number 1 seller on SS, BigStock, and DT. :( People just really seem to groove on em I guess....I just haven't any clue what to do

« Reply #3 on: October 31, 2006, 07:42 »
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Have you sent them an email/sitemail.  they normall repsond to those in a few days and might give you a more specific answer than they would on the forum.

I am guessing that their line of thought is that the paint job is copywrite in much the same why a tattoo is????????

« Reply #4 on: October 31, 2006, 07:45 »
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Have you sent them an email/sitemail.  they normall repsond to those in a few days and might give you a more specific answer than they would on the forum.

I am guessing that their line of thought is that the paint job is copywrite in much the same why a tattoo is????????

Ok that would be seriously sad lol However, now that I think about it, I also had a few shots turned down that were also crops but showed a solid color??? Ya I think I'll have to email them

dbvirago

« Reply #5 on: October 31, 2006, 08:40 »
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I've been getting a lot of those on generic architecture. Plain vanilla houses. Funny thing is, I've sent about a dozen over the past several weeks. Most get accepted, but a few for no apparent reason get the intellectual property. Same with office buildings. When I reply asking why, they get approved, but I got tired of wasting my time.

« Reply #6 on: October 31, 2006, 14:17 »
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As a general observation I'd say that fotolia reviews are currently of the fast but random kind...

I uploaded some images yesterday, and they got reviewed over night which is nice, but the rejections for 'type of photo' being not suitable for the library is a bit annoying on one of them that I think would be quite a strong concept image for some situations.  I wouldn't mind if the noticed the blown highlights, noise in the shadows etc... 

Maybe reviewers there have been told to keep the queue short at the cost of sensible reviews?  Dunno.

In the scheme of things I don't bother replying to rejections even if it is crazy, this is a numbers game after all.  It's just a little annoying at times when a best selling image on one site is rejected for silly reasons on another.

Cheers, Me.

« Reply #7 on: October 31, 2006, 16:16 »
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I find the rejection/acceptance process random at best on all six sites where I submit photos.  If one site rejects I just move on.  I'll usually get a photo on at least four of the six sites, rarely less than four and sometimes more than four.  Really, no pattern to it at all.

« Reply #8 on: October 31, 2006, 16:28 »
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I think that, if you're going to keep sane in this game, you've got to come to terms with the fact that selecting pictures is a highly subjective process. There's no right or wrong answer.

The other forums are full of rants by people who have had pet images rejected (except for the iStock forums who squash anyone like that immediately). There's a particularly long rant on ShutterStock at the moment.

Don't waste your energy. If an agency doesn't want one of your pictures they don't want it ... full stop. They're not idiots ... or blind ... or tasteless.

They just don't want it ... for whatever reason.

Get on with it and take some more photos.



« Reply #9 on: October 31, 2006, 16:47 »
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I seldom have a rejection at Fotolia (knock on wood), but I got one from IS today: "This file appears to be derivative of another work and certain use of it may infringe the exclusive rights of the original artist of the source material." 

As they suggest in the email, I have emailed Client Relations.  I believe they are concerned about the images on the slides (barely discernible, I don't think any can be identified), which nevertheless are mine.  Other sites are accepting it without any problem (StockXpert rejected for poor lighting)



Regards,
Adelaide

« Reply #10 on: October 31, 2006, 16:53 »
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i'm am guessing that maybe they meant that this image is very much like an image they allready have or one that getty has, and they fear you outright copied the idea.

« Reply #11 on: October 31, 2006, 18:28 »
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I think that, if you're going to keep sane in this game, you've got to come to terms with the fact that selecting pictures is a highly subjective process. There's no right or wrong answer.

The other forums are full of rants by people who have had pet images rejected (except for the iStock forums who squash anyone like that immediately). There's a particularly long rant on ShutterStock at the moment.

Don't waste your energy. If an agency doesn't want one of your pictures they don't want it ... full stop. They're not idiots ... or blind ... or tasteless.

They just don't want it ... for whatever reason.

Get on with it and take some more photos.




Ummmmm okay whatever.
Actually I just received an email back from them saying that they are looking into the issue directly and agreed with me that yes this is strange. Soooooo it seems one of their reviewers doesn't have a clue.

« Reply #12 on: October 31, 2006, 23:01 »
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My own 2p for the pot at the moment I am mostly submitting mostly signs and backgrounds as the weather hasn't been that good some days and I ahevn't decided whether the blue sky landmark shots will go to Alamy or the micros.

DT + StockXpert hate them, I have had entire batches rejected by the former as "they have too many" a weak excuse they recently rejected some of my Washington Monument ones for that reason but if you actually looked at the 65 images in their library 2/3 were actually of the Capitol building or other monuments in Washington.

One a brighter note SS FT + BS are snapping them up and the bestest ever month on SS. Not sure whats going on at BigStock desperate to catch up with DT very high acceptance rate even on borderline stuff. Though I notice that sales as BS have slowed right down in the latter half of the month.

I suppose thats why you don't go exclusive otherwise your ability to sell is all down to just one reviewer.

« Reply #13 on: November 01, 2006, 16:18 »
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i'm am guessing that maybe they meant that this image is very much like an image they allready have or one that getty has, and they fear you outright copied the idea.

They replied saying that I have to include a property release. I never thought I would need one.  They say I need it even for a second submission in which the images in the frames are blank.  Geez...

Regards,
Adelaide

« Reply #14 on: November 02, 2006, 02:23 »
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a property release for the image itself or a property release for the little slides?

« Reply #15 on: November 02, 2006, 20:11 »
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a property release for the image itself or a property release for the little slides?

Well, I guess it's for the slides that appear in my image, isn't it? 

So it means I have to fill in a form saying that I grant the use of those images to myself, and I will sign it twice.  Can I sign it as the witness as well? :)

Regards,
Adelaide

« Reply #16 on: November 02, 2006, 21:45 »
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To kkart:

That is a custom paint job. It is considered art. Photos of art require property releases. It is that simple.

« Reply #17 on: November 04, 2006, 03:45 »
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Quote



 Can I sign it as the witness as well? :)


Quote
No, you can't , you need to get an independent witness.


 

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