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Author Topic: Panoramafreiheit (Copyright, Designs and Patents Act 1988 + Urheberrechtsgesetz)  (Read 3769 times)

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microstockphoto.co.uk

« on: October 15, 2012, 07:49 »
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Old question coming back thanks to current Photodune action...

Photodune is currently soft disabling already approved pictures of building, asking for a property release.

Istock is refusing pictures of "Castles in Europe"

Shutterstock and Fotolia are randomly accepting or rejecting pictures of buildings.

I am afraid they are just taking it easy - "better safe than sorry" way of thinking - instead of trying to properly understand regulations.

In some countries things are less certain. But it seems to me that the situation is quite clear at least in the UK and Germany, and pictures of buildings there should be accepted:

Copyright, Designs and Patents Act 1988, Section 62:
http://www.legislation.gov.uk/ukpga/1988/48/section/62

Urheberrechtsgesetz, Article 59:
http://www.gesetze-im-internet.de/urhg/__59.html

As an architect (my other job), I find the German distinction between the building itself (no copies allowed) and its photographic reproduction (allowed) particularly good.

Why don't they understand? I am willing to respect the law, but should we let them pull our leg and renounce to architectural photography just because they are lazy?

Any opinions on this matter?
« Last Edit: October 15, 2012, 08:01 by microstockphoto.co.uk »


Poncke

« Reply #1 on: October 15, 2012, 08:13 »
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At the moment I am finding it hard to get some architecture accepted into SS, while similar photos have been accepted, from others. Not consistent, and it doesnt make sense.

I think stock sites will always be stricter than the law.

velocicarpo

« Reply #2 on: October 15, 2012, 09:11 »
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When it comes to copyright and understanding legal situations the agencies in general do a very poor job and follow the attitude of "better safe than sorry but mostly clueless and not willing to ivnest time and money". Shutterstock definitely does one of the worst jobs in the market, being totally random in what they accept, stating in their FAQ they do not accept from one theme yet they do, blocking accounts of contributors because of more or less random similarities or for using a filter which is ok to use by its license terms.

Until the Sites grow up we will have to live with the randomness and insecurity I fear.

« Reply #3 on: October 15, 2012, 10:37 »
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Recently 123RF made my day by first rejecting as standard rf and then at the same time accepting two images as editorial: a chameleon and a butterfly. Both are close ups without recognizable environment. I had a good laugh and suppose the reviewer made a mistake... ;D

Poncke

« Reply #4 on: October 15, 2012, 12:20 »
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Recently 123RF made my day by first rejecting as standard rf and then at the same time accepting two images as editorial: a chameleon and a butterfly. Both are close ups without recognizable environment. I had a good laugh and suppose the reviewer made a mistake... ;D

I tell you, I was submitting photos of barns. 4 photos, 1 accepted as RF, 3 rejected for RF, accepted as editorial, . When I wrote them about it with links to other barns they have online, the other 3 photos were accepted as RF. Its as fickle as Leonardo DiCaprio in Shutter Island.

microstockphoto.co.uk

« Reply #5 on: October 16, 2012, 06:13 »
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Photodune is currently disabling all of my pictures of "castles", everywhere in Europe. Very similar to the "Castles in Europe" issue at iStock.

Do they even know Europe is not a single country?
And that English Heritage has no power in Germany?
And not every single castle is private-owned?
And even if it was, that doesn't mean a thing in some countries if I am shooting from public space?

I agree with answers above about not beeing too concerned with rejections. In fact, I am not even complaining about MY pictures in particular being rejected.

But since this is a business in the end, a professional approach to regulations - instead of "let's delete everything with the word "castle" in title" - would be appreciated.

And in case I am wrong and they have a real reason for doing it, I would like to be informed beforehand. Thanks.

Microstock is already limiting buyers' choice with its own nonsense self-imposed rules about commercial value, fake lighting without shadows, composition etc... now if they even start rejecting entire categories, their libraries will be quite ridiculous very soon. But if that means buyers will move back to RM and pay a proper price for photos, that's fine (provide RM is any better).
« Last Edit: October 16, 2012, 06:31 by microstockphoto.co.uk »

« Reply #6 on: October 16, 2012, 06:52 »
+1
...I am afraid they are just taking it easy - "better safe than sorry" way of thinking - instead of trying to properly understand regulations...

...is the correct answer. Their motto is: "When in doubt, reject" to cover their collective behinds. Nevermind that the obligation to make sure that it's legally OK to use a photo lies with the user, not the agency or the photographer.

From their point of view the microstock agencies are correct, though. They supply a mass product to a mass market, it does not make sense for them financially to waste time and money on pondering if a photo in Germany was taken from a public spot, or not, or whether a particular castle is privately owned, when at the same time they can sell 500 business handshakes and a 1.000 jumping goldfish.

Some photos or subjects slip through, until the agency gets a friendly letter from some company's lawyer. And again they go the way of least resistance: Instead of saying: "Go ahead and sue us, we know we are right" they just take down 0.0005% of their collection - see IS dealing with "guitars", "cruise ships", or "cars". And again, from their point of view, it makes sense financially.

Poncke

« Reply #7 on: October 16, 2012, 10:22 »
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Thanks Ploink, that made a lot of sense.

« Reply #8 on: October 17, 2012, 21:22 »
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pretty much they are "losing" money, I am not really that worried because other agencies keep on selling them ;D

microstockphoto.co.uk

« Reply #9 on: October 18, 2012, 04:28 »
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pretty much they are "losing" money, I am not really that worried because other agencies keep on selling them ;D

As long as other - better paying - agencies don't follow suit, yes, you are right.


 

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