MicrostockGroup
Microstock Photography Forum - General => General Stock Discussion => Topic started by: HappyBunny on April 18, 2016, 02:14
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I don't understand this. I have uploaded a photo of Meersburg on lake Constance to Fotolia. I have taken the photo from a ship on the lake and you can mainly see the promenade, trees along the promenade and houses on the hill. On top you can see the castle Meersburg. The image was declined. Reason: Intellectual property law. But I don't understand this. There own website has photos of Meersburg castle, taken from the lake and even much closer. Even photos of just the castle. Why are they then on there? I wanted to take photos of Haribo gummy bears. There are other companies who produce gummy bears. Can I take a photo of them out shall I better leave it? The same Photo of Meersburg castle was accepted by Photo4me.
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The problem is not with Fotolia: it is with the individual reviewer. It is very rare to find a reviewer who understands either (a) IP law or (b) how a given agency interprets it. (a) and (b) are two very different things and agencies are extremely risk averse. Reviewers seem to be even more so and reject anything they are unsure of. Most images rejected on IP grounds do not infringe any law but, understandably, an agency wishes no expensive legal argument even if confident of winning.
If a brand is involved there are multiple jurisdictions to consider. For a picture of property I have found Fotolia very reasonable if I include a comment about the applicable law in the country where the property is situated.
For your picture in Germany, the relevant law is Urheberrechtsgesetz § 59. I don’t think it’s cut and dried for Meersburg. Yes, it is the outside-only representation of a piece of architecture but, on the other hand, there are access restrictions to the castle which MAY invalidate § 59.
Look up the law for yourself and, if you think Panoramafreiheit applies, note that in your description. Alternatively, submit it again next week when another reviewer will look at it with a completely different set of misapprehensions ;D
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should I call Fotolia and tell them that they have several photos on their website where this castle is shown and even shown as the main subject. On my photo it is so far away on top of the hill, only 3/4 of it is visible and the main focus is the lake, the promenade and the houses on the promenade. Maybe I should not mention the castle in the description. It is okay that they refuse it, but why do they have sooooo many photos of the castle on their website?