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Microstock Photography Forum - General => General Stock Discussion => Topic started by: tab62 on February 22, 2011, 16:33

Title: Trade Mark Issues
Post by: tab62 on February 22, 2011, 16:33
 :(

Recently, I had a lovely photo rejected by Big Stock for a TM issues with Chinese Paper Currency- It had a blank form (IRS Foreign Earn Income) and a single pen with no logos on it. Yet, in the past Big Stock took some of my currency shots with Chinese included- what gives?

Here is a sample of my shot that was rejected-

http://www.photosig.com/go/photos/view?id=2466229 (http://www.photosig.com/go/photos/view?id=2466229)

Any ideas on what or why I was rejected because of a TM or logo?

Thanks.


Tom
Title: Re: Trade Mark Issues
Post by: louoates on February 22, 2011, 17:43
Just a guess but if that's a distinctive band design around the middle of the pen it might have been the reason for rejection. Or maybe the reviewer is just afraid of Mao.
Title: Re: Trade Mark Issues
Post by: tab62 on February 22, 2011, 20:16
No brand name on the pen and LOL on the Mao comment...

Thanks.


Tom
Title: Re: Trade Mark Issues
Post by: cathyslife on February 22, 2011, 20:20
Quote from: tab62 on February 22, 2011, 20:16
No brand name on the pen and LOL on the Mao comment...

Thanks.


Tom

I think what lou meant was that the design of the pen might be distinctive (Cross pen? etc.) and therefore not usable. Like the Apple earbuds, even though no name appears on them.
Title: Re: Trade Mark Issues
Post by: louoates on February 22, 2011, 20:40
Quote from: cclapper on February 22, 2011, 20:20
Quote from: tab62 on February 22, 2011, 20:16
No brand name on the pen and LOL on the Mao comment...

Thanks.


Tom

I think what lou meant was that the design of the pen might be distinctive (Cross pen? etc.) and therefore not usable. Like the Apple earbuds, even though no name appears on them.


The distinctive design might be it too. The other small detail is what's on the pocket clip. Most of us would know that it's the reflection of the newsprint under it but a reviewer might think it's a brand name printed on the clip. 
Title: Re: Trade Mark Issues
Post by: Elenathewise on February 23, 2011, 00:10
This is nonsense. Unless Chinese money design is copyrighted there shouldn't be any problems with the image. If noone can tell for sure where the infringement is how can there be an infringement? I get kicks from images being rejected for copyright infringement when the logo or text is only visible at 200% magnification in the farthest corner of the image. How much damage to the company can it possibly do?
However you should check if Chinese government copyrighted their money, Canadian did - which was a shameless money grab (har har) since you have to pay for permission to sell photos with Canadian money on it...
Title: Re: Trade Mark Issues
Post by: RacePhoto on February 23, 2011, 00:48
My uninformed vote is that Mao's image is protected. I'm not going to go do all the research like I did on the UK bank notes and have people argue that "they see it all the time" so it must be OK. Especially when the notes say "copyright" and have a © on them.

So this time you're on your own.

Well except this tidbit: (emphasis mine)

From Law of the People's Republic of China on the People's Bank of China

    Article 19 - It is prohibited to counterfeit or alter the renminbi. It is prohibited to sell or purchase counterfeit and altered renminbi. It is prohibited to transport, hold or use counterfeit and altered renminbi. It is prohibited to deliberately destroy or damage the renminbi. It is prohibited to illegally use images of the renminbi in advertisement, publications or other commodities.