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Author Topic: A question on keywords  (Read 4111 times)

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« on: November 13, 2006, 07:57 »
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Ok all after the argument and issues I have had with Fotolia with my rejection on images that were said to have images (which they obviously did not.....thread here http://microstockgroup.com/forum/index.php?topic=717.0 ( I was wondering if it might in fact be my keywords. What are the restrictions when it comes to keywords. We'll use this shot as an example http://img161.imageshack.us/img161/363/hotrodwithflamesrw2.jpg which they rejected for . I used the words Chevy, Chevrolet and Impala for keywords in this. Is this actually allowed?
  Thanks all!


« Reply #1 on: November 13, 2006, 09:23 »
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most sites have the rule that no copyright keywords are allowed either.  which includes then chevy, chevrolet...

« Reply #2 on: November 13, 2006, 10:46 »
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most sites have the rule that no copyright keywords are allowed either. which includes then chevy, chevrolet...

Actually, words cannot be copyrighted.

But sites still have keyword rules based on non-existent laws...

Greg Boiarsky

« Reply #3 on: November 13, 2006, 10:51 »
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Words cannot be copyrighted if and only if they are a part of the common jargon or vocabulary.  However, brand names can and frequently are copyrighted.  If a phrase or name is exclusively associated with a product or company, and that phrase/name is a registered mark, then it is protected.  For example, as a writer I have to put a copyright symbol behind the word "Velcro" to indicated that Velcro is a copyrighted brand name for a hook-and-loop fastener.  If I fail to put a copyright symbol, I can be sued by the manufacturer.

most sites have the rule that no copyright keywords are allowed either.  which includes then chevy, chevrolet...

Actually, words cannot be copyrighted.

But sites still have keyword rules based on non-existent laws...

« Reply #4 on: November 13, 2006, 18:16 »
0
Words cannot be copyrighted if and only if they are a part of the common jargon or vocabulary. However, brand names can and frequently are copyrighted. If a phrase or name is exclusively associated with a product or company, and that phrase/name is a registered mark, then it is protected. For example, as a writer I have to put a copyright symbol behind the word "Velcro" to indicated that Velcro is a copyrighted brand name for a hook-and-loop fastener. If I fail to put a copyright symbol, I can be sued by the manufacturer.

most sites have the rule that no copyright keywords are allowed either. which includes then chevy, chevrolet...


Actually, words cannot be copyrighted.

But sites still have keyword rules based on non-existent laws...



I believe that you are getting a few terms mixed up.

The word Velcro is not copyrighted, but rather a registered trademark.

The actual Velcro product is copyrighted.

Two separate issues.

But as I said in a previous post, words cannot be copyrighted.

See here for more info:

Copyright Protection Not Available for Names, Titles, or Short Phrases
http://www.copyright.gov/circs/circ34.html

Greg Boiarsky

« Reply #5 on: November 13, 2006, 19:33 »
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You also are mixing up your terms: You're mixing up copyright and patent.  The product of Velcro is patented; the name of Velcro is a registered mark.  That means that the name has become the intellectual property of the company that has registered the phrase.  A registered mark can be a symbol or a phrase or a brand name ("The federal trademark statute covers trademarks and service marksthose words, phrases, symbols, or designs that identify the source of the goods or services of one party and distinguish them from those of others.").  While it is not technically "copyright," it is nonetheless protected under law and cannot be included in any image that is sold for a profit without the express consent of the trademark owner.

And, if you think that it's just a little thing, think about the trademarked Mickey Mouse image.  That image is so important, that Disney sues anyone who has a symbol that even looks like it--and has spent more money than I'll ever see in lobbying Congress to extend protections long past the original term of protection.

Whether it's a symbol or a phrase, you can bet it will be protected with the corporation's full power.  Consider this:  The word "aspirin" was once a registered trademark.  How much money has the trademark holder lost now that the term has become a common name for the product category?  Also consider the media blitz of a couple decades ago in which Xerox Corporation tried to get people to stop talking about "xeroxing" and instead talk about "photocopying."  If they had not won that battle, they would have lost a lot of money.

This is why the microstocks are so careful about copyright and registered marks.  They can be sued into the ground by a company with the resources owned by Xerox or Disney or whoever.

Words cannot be copyrighted if and only if they are a part of the common jargon or vocabulary.  However, brand names can and frequently are copyrighted.  If a phrase or name is exclusively associated with a product or company, and that phrase/name is a registered mark, then it is protected.  For example, as a writer I have to put a copyright symbol behind the word "Velcro" to indicated that Velcro is a copyrighted brand name for a hook-and-loop fastener.  If I fail to put a copyright symbol, I can be sued by the manufacturer.

most sites have the rule that no copyright keywords are allowed either.  which includes then chevy, chevrolet...


Actually, words cannot be copyrighted.

But sites still have keyword rules based on non-existent laws...



I believe that you are getting a few terms mixed up.

The word Velcro is not copyrighted, but rather a registered trademark.

The actual Velcro product is copyrighted.

Two separate issues.

But as I said in a previous post, words cannot be copyrighted.

See here for more info:

Copyright Protection Not Available for Names, Titles, or Short Phrases
http://www.copyright.gov/circs/circ34.html


 

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