MicrostockGroup
Agency Based Discussion => Adobe Stock => Topic started by: Ronnie on November 08, 2007, 07:29
-
I uploaded 68 images to FT yesterday, all of them are view of London Eye, but when I wake up this morning all of them are been "declined" by Intellectual/Industrial Property reason, this is really shock for me, 68 images upload and 68 reject, omg 100% rejected, so after this i try to seach some image of London Eye in FT, but none of them could be found, if any of you try to upload image of London Eye to FT, just forget about it, none of them will be approve, ........what a bad day~!
-
I had the same issue. The London Eye's design is copyright, so you can't submit photos of it to any stock agency. Any agency that approves your photos is putting their buyers at risk.
It's a shame, as I know how much work goes in to 68 images. The only consolation is that you learned a valuable lesson. There are quite a few landmarks that are protected by copyright, including the Chrysler building in New York and the Eiffel Tower lights (so only at night).
You will be able to submit any photos where the London Eye isn't the primary focus of the image. A photo of the London skyline that happens to include the London Eye is acceptable, while a photo of the London Eye itself is not.
Did any other agencies accept the same shots or are you exclusive with Fotolia?
-
http://www.shutterstock.com/cat.mhtml?search_cat=&searchterm=london+eye&search_group=all&anyorall=all&color=&searchtermx=&orient=all&photographer_name=&sortby=popular&rows_per_page=50&thumb_size=small
-
Yep. Caveat emptor.
-
Did any other agencies accept the same shots or are you exclusive with Fotolia?
You could find images of London Eye, in Shutterstock, Can Stock Photo, LuckyOliver, 123rf, Crestock, Big Stock Photo, and 1 or 2 in Dreamstime, but only Except Fotolia "NONE"~!, but I think Dreastime do the same thing put London Eye in Intellectual/Industrial Property! you can try to search it!
by the way I didn't Exclusive to any agencies
-
When there are lots of photos of the London eye already being sold, I would probably presume that it is a subject that is OK to photograph. I still haven't heard of anyone being sued for selling something they shouldn't of on a micro site. I would have thought it must of happened. Do the sites try to keep this quiet? It can't be good publicity if you sell a photo for a dollar and then get sued for thousands.
Is there any insurance we can take out? I would not deliberately upload a photo of something that is going to get me in to trouble but I am a photographer, not a legal expert. I feel that the sites should be responsible for this. They make big profits and could employ someone to decide if a photo is going to cause problems.
I just looked on Alamy and there are loads of RF images of the London eye.
http://www.alamy.com/stock-photography-search-results.asp?st=0&lic=1&ns=1&qt=london+eye&go=1&a=-1
-
I just looked on Alamy and there are loads of RF images of the London eye.
[url]http://www.alamy.com/stock-photography-search-results.asp?st=0&lic=1&ns=1&qt=london+eye&go=1&a=-1[/url]
I don't think Alamy is a good place for referance. I think you could find any copyright thing on there you wanted. do a search for 'mac' 'ipod' 'coke' .. you will find more than enough.
-
you say none on fotolia?
here is one:
http://www.fotolia.com/id/228568
i do not have time to search for others. Fotolia has crappy srach engine...
-
As far as I'm aware (and I'm not a lawyer) any photograph of structures, buildings, etc. taken from public land in the UK is okay.
I think the owners of the London Eye would have a hard job making a lawsuit stick against a photographer who has a photo with their structure in it, if that person was standing on public property.
-
I think the owners have managed to copyright it. Not that it makes any sense. Photos are sold anyway.
-
you say none on fotolia?
here is one:
[url]http://www.fotolia.com/id/228568[/url]
i do not have time to search for others. Fotolia has crappy srach engine...
Omg you found one, I know there is very few of them, as you can c the one you found does not include key word "LONDON , EYE"!
-
I just looked on Alamy and there are loads of RF images of the London eye.
[url]http://www.alamy.com/stock-photography-search-results.asp?st=0&lic=1&ns=1&qt=london+eye&go=1&a=-1[/url]
I don't think Alamy is a good place for reference. I think you could find any copyright thing on there you wanted. do a search for 'mac' 'ipod' 'coke' .. you will find more than enough.
That is what I don't understand. If photographers get sued for selling these photos, why are there so many for sale? I haven't seen any posts in the forum of any site from a photographer who is being sued. Is this just pure luck?
Why don't these sites that make lots of money delete the photos that could cause legal problems?
-
The London Eye is also know as the British Airways London Eye and although they sold their stake in the Eye to the Tussauds Group in 2005 they are still sponsors of the Eye.
One of the planning conditions at the time was that the London Eye could not be used for advertising. I suppose editorial use would be ok, but you may still require permission if on their property.
-
I think any (or most) well known modern structure is protected, isn't it? London Eye had BA logo everywhere (I thought they were only sponsors) and even if cloned out you know it's the London Eye. Such images can still be sold as RF, if editorial only, I guess.
I believe owners of the London Eye would not mind if the image is used to advertise London as a tourist destination, because in fact this may mean more visitors. Now, if you use it to sell, let's say, seasickness pills, then they might not like it.
Regards,
Adelaide
-
That is what I don't understand. If photographers get sued for selling these photos, why are there so many for sale? I haven't seen any posts in the forum of any site from a photographer who is being sued. Is this just pure luck?
Why don't these sites that make lots of money delete the photos that could cause legal problems?
They don't get sued. It's just that they MIGHT get sued. As some microstock official said, "maybe nobody has been sued for this, but do you want to be the first?"
On Alamy, they approve the image first and then the owner puts it into RM or RF, so there is no policing of which license it appears under. The photographer takes the risk if he or she declares it does not need a property release when it does.
In general, though, it is the end user who is most at risk if they don't check that they are allowed to use something.
-
^^^ Ancient thread alert! Dragged up from 4 years ago.
-
^^^ Ancient thread alert! Dragged up from 4 years ago.
Ooops! How did I do that? It was near the top of some list I got.
-
^^^ Ancient thread alert! Dragged up from 4 years ago.
Ooops! How did I do that? It was near the top of some list I got.
Well, well, boys, you are both a bit old-fashined, arent you. How old?
-
I just looked on Alamy and there are loads of RF images of the London eye.
[url]http://www.alamy.com/stock-photography-search-results.asp?st=0&lic=1&ns=1&qt=london+eye&go=1&a=-1[/url] ([url]http://www.alamy.com/stock-photography-search-results.asp?st=0&lic=1&ns=1&qt=london+eye&go=1&a=-1[/url])
I don't think Alamy is a good place for referance. I think you could find any copyright thing on there you wanted. do a search for 'mac' 'ipod' 'coke' .. you will find more than enough.
Agreed: I took some photos with permission of a specific location interior for a photo course I was doing. I asked for permisson to submit them as RM for editorial use to Alamy and the managers of the property refused. Not, 'yes, but it'll cost you £XXXX', and outright 'no'. There are many photos of the interior of that building on Alamy. (The outside of the building is OK as you can photograph it from public land, and the owners even mentioned this in their reply to my request). Another property flat refused me permission to shoot inside even for my photo course (the only property which refused) and said that no photography at all was allowed inside, and there are several photos of that on Alamy too.
I wrote to Alamy and pointed this out, and got a weird email back saying that I should not be trying to submit these photos. When I wrote back again, I got no reply.
iStock isn't the only company whose support staff are trained to skim read and pick out a fact, but not read the issue. I think this is a weird policy as it often means you have to go back and forwards several times to get an issue resolved.
@OP: FWIW, here's what istock's Technical Wiki has to say:
The London Eye is a structure in London that is part ride, part vehicle, conceived by British Airways engineers. It is permitted to use images of the machine for a broad range of use, excluding advertising - therefor considering it prohibited for royalty-free stock.
Allowed: City scapes including the London Eye ARE allowed. (Note: If the London Eye IS NOT the primary subject of the photo, it is permitted for use in royalty-free stock).
But like everyone else, I get perplexed from time to time about what they reject, when there are plenty recent 'similars' accepted and what gets rejected as editorial with the note I should send to the main collection.
68 images. :-(
Hint for the future: if you find that there's a well-known structure which isn't in a collection, there's almost certainly a reason for it. I thought I'd found a niche when I started micro with my pics of the Guggenheim Museum, NY. ;D ;)