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Author Topic: Images rejected - trademark / intellectual property, any1 knows why?  (Read 1393 times)

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« on: May 16, 2017, 14:53 »
0
Dear fellow microstockers,

I have a rather unique question. Many images from this set were rejected and to narrow down the reason i am posting the one that basically indicates what the intellectual /trademark rejection cause should be:

https://snag.gy/Adea3N.jpg [nofollow]

Is it the "fender guitar"?

As far as I know fender is not a trademark, not even the shape of it.

http://www.musicradar.com/news/guitars/fender-loses-guitar-copyright-case-201886 [nofollow]

Appreciate any help,



« Reply #2 on: May 16, 2017, 14:59 »
0
I didnt see any visible logos, but maybe there is one somewhere? Basically, though, it doesnt matter what a court case says...if the agency doesnt want to worry about a hassle, they will reject the image. Also, bear in mind that a lot of reviewers have no idea about the "rules". You could email them and see if you can get a more definitive answer, but don't hold your breath.

« Reply #3 on: May 16, 2017, 15:01 »
0
I get it that getty has that policy but clearly there is evidence that fender is not a trademark. Oh how I wish contributors could go and open a discussion with reviewers and not have to wait for a month to get a reply and another one to get a replay to the answer...

« Reply #4 on: May 16, 2017, 16:23 »
+2
Dear fellow microstockers,

I have a rather unique question. Many images from this set were rejected and to narrow down the reason i am posting the one that basically indicates what the intellectual /trademark rejection cause should be:

https://snag.gy/Adea3N.jpg

Is it the "fender guitar"?

As far as I know fender is not a trademark, not even the shape of it.

http://www.musicradar.com/news/guitars/fender-loses-guitar-copyright-case-201886

Appreciate any help,


Did you use the word "Fender" in your keywords or description?

If you did then that will be the problem as I doubt any reviewer could tell that was a fender

« Reply #5 on: May 16, 2017, 19:38 »
+1
Nope, just the word guitar, didnt even specify electric to be honest. Istock did reject them, but that I sortof expected. What if I have proof that its not a real fender, it a Chinese copy, it turned out:)

Oh well, will give it a try and some may be lucky to pass...btw note to people around here who might care: fender did not manage to copyright its guitars and the shapes as whole but did succeed to copyright headstocks of its guitars. Its exactly that part that gave it away that this is not a real one.

Way too much time invested in studying guitars today:)

HAve a nice one everyone,

« Reply #6 on: May 17, 2017, 07:09 »
0
I believe that it is solely because you can identify the guitar as a Fender Telecaster by the headstock.

« Reply #7 on: May 17, 2017, 07:21 »
+1
Same case happened with one of my designs which was accepted in all agencies except for shutterstock. Rejection reason trademark / intellectual property

Same theme designs were already live in ss but they rejected mine. I have no time to do research asking them the reason, instead I moved forward in creating new ones.

« Reply #8 on: May 22, 2017, 09:23 »
0
copyrights protect artistic works (drawings, paintings, literature, photos, movies, etc). they do not protect anything that has utility (the shape of a guitar). guitars are not creative works. guitar shapes are NOT protected by copyright.

trademarks protect brand names and sources of manufacture or services. they do NOT protect guitar shapes.

the image should not have been rejected.

« Reply #9 on: May 22, 2017, 09:52 »
+3
"Fender protects headstock shapes, and especially those of the iconic STRATOCASTER and TELECASTER models."

« Reply #10 on: May 22, 2017, 10:39 »
+1
copyrights protect artistic works (drawings, paintings, literature, photos, movies, etc). they do not protect anything that has utility (the shape of a guitar). guitars are not creative works. guitar shapes are NOT protected by copyright.

trademarks protect brand names and sources of manufacture or services. they do NOT protect guitar shapes.

the image should not have been rejected.

See post #2. What you think, I think, or anyone else thinks the copyright law is, is irrelevant.
If an agency doesn't want your image, it is their perogative.

Move on, it's not worth fretting over. Not for pennies, for sure.

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  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #11 on: May 22, 2017, 12:24 »
+3
copyrights protect artistic works (drawings, paintings, literature, photos, movies, etc). they do not protect anything that has utility (the shape of a guitar). guitars are not creative works. guitar shapes are NOT protected by copyright.

trademarks protect brand names and sources of manufacture or services. they do NOT protect guitar shapes.

the image should not have been rejected.

Could you please quote the law or specific case that clarifies that guitars are not creative works? Or is this your own interpretation of the law?

« Reply #12 on: May 22, 2017, 15:34 »
+1
copyrights protect artistic works (drawings, paintings, literature, photos, movies, etc). they do not protect anything that has utility (the shape of a guitar). guitars are not creative works. guitar shapes are NOT protected by copyright.

trademarks protect brand names and sources of manufacture or services. they do NOT protect guitar shapes.

the image should not have been rejected.

uhm ... doesn't Coca Cola have a trademark/copyright on THE SHAPE OF THE EFFING BOTTLE?! Are you just going around arguing copyrights and trademarks with everyone? Are you a lawyer?

« Reply #13 on: May 22, 2017, 17:09 »
0
copyrights protect artistic works (drawings, paintings, literature, photos, movies, etc). they do not protect anything that has utility (the shape of a guitar). guitars are not creative works. guitar shapes are NOT protected by copyright.

trademarks protect brand names and sources of manufacture or services. they do NOT protect guitar shapes.

the image should not have been rejected.
Are you a lawyer?

thats pretty funny ;D

SpaceStockFootage

  • Space, Sci-Fi and Astronomy Related Stock Footage

« Reply #14 on: May 22, 2017, 23:19 »
+1
copyrights protect artistic works (drawings, paintings, literature, photos, movies, etc). they do not protect anything that has utility (the shape of a guitar). guitars are not creative works. guitar shapes are NOT protected by copyright.

trademarks protect brand names and sources of manufacture or services. they do NOT protect guitar shapes.

the image should not have been rejected.

uhm ... doesn't Coca Cola have a trademark/copyright on THE SHAPE OF THE EFFING BOTTLE?! Are you just going around arguing copyrights and trademarks with everyone? Are you a lawyer?

He took a wrong turn somewhere, when looking for microlawyersgroup.com

« Reply #15 on: May 23, 2017, 10:30 »
0

« Reply #16 on: May 23, 2017, 11:26 »
0
"Images of isolated Rickenbacker, Gibson, and Fender Guitars are unacceptable for commercial use."


« Reply #17 on: May 23, 2017, 20:52 »
+2
"Fender protects headstock shapes, and especially those of the iconic STRATOCASTER and TELECASTER models."

OP post is clearly a Strat, head shape, modern one with the dual string trees.

Why do forum lawyers, who work as art slaves, know the obvious and the agency is just a bunch of dumb professionals, with degrees, who don't understand the law?  ;D


 

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