Author Topic: Is country name a trademark? (Read 9949 times)

melastmohican · « **on:** May 24, 2008, 12:08 »

I got this from IS reviewer:
"We regret to inform you that we cannot accept your submission, entitled Handbell ( http://www1.istockphoto.com/file_thumbview_approve/6165611/2/istockphoto_6165611_handbell.jpg) for addition to the iStockphoto library for the following reasons:

++Polska++
This file includes content that may be subject to copyright or trademark protection. Certain use of this file creates risk of infringement and we regret that it cannot be accepted, unless this content is removed from the file."

I laughed at first, but I think I will email them

dbvirago · « **Reply #1 on:** May 24, 2008, 14:33 »

It may be the bell itself is considered a work of art or protected material

melastmohican · « **Reply #2 on:** May 24, 2008, 15:27 »

They specified a reason +++Polska+++ which means Poland. I guess reviewer did not google for a text he/she did not understand.

madelaide · « **Reply #3 on:** May 24, 2008, 15:34 »

Is the word "Polska" in the image?

I once had an image rejected because it had the word "Fila" - they thought it referred to the sportswear company. However, fila means "row" in portuguese - this was an image of stadium seats, they had the indication of row number in their back

.

Regards,
Adelaide

Tazzy · « **Reply #4 on:** May 24, 2008, 16:46 »

I'm guessing that they rejected it because it says Polska on it. They are probably thinking that this is some kind of souvenir, along the lines of spoons and shot glasses. I'm betting that if you clone that out, it will be accepted. Is it really important that it says Polska on it?

melastmohican · « **Reply #5 on:** May 25, 2008, 00:03 »

Why should I clone this? It's what it is if somebody needs handbell without any text on it this person can clone it. I am just taking picture of an object and my job is to deliver photo.

snurder · « **Reply #6 on:** May 25, 2008, 01:42 »

Polska could be construed by the reviewer as a brand or a trade name. Either take it out and resubmit or not. Your choice.

jsnover · « **Reply #7 on:** May 25, 2008, 10:39 »

Quote from: melastmohican on May 25, 2008, 00:03

Why should I clone this? I...this person can clone it. I am just taking picture of an object and my job is to deliver photo.

You're going to drive yourself crazy submitting to microstock, and iStock in particular, if you hang on to that attitude. Your "job" - although you're a supplier to the agencies, not an employee, is to offer images for inclusion into their collection. Just because you take a perfectly exposed image of a plain light bulb in a darkened room, doesn't mean they will accept it.

There are a billion company names with Polska in them - names that in their entirety they would not allow. Rather than get into a fight with a company about whether a partial name was their protected name or merely the name of the country, iStock has made very cautious rules that require you to lose just about all text or numbers from images.

You don't like those rules, you don't have to submit there. Unlike their "not suitable as stock" rejection which is highly subjective and the source of endless frustration, these content rules are pretty clear cut and easy to follow. If you don't like cloning out things, shoot other objects or turn them around so there's no text visible.

thesentinel · « **Reply #8 on:** May 25, 2008, 12:29 »

Look at it this way, does having Polska on the bell make it more saleable, or does having no writing on it make it more saleable?

cshack · « **Reply #9 on:** May 25, 2008, 12:50 »

I really wish IS would change their rejection emails to include a more specific reason. They do once in a while add notes but they are few and far between. 85% of the time you get the form email that in lots of cases tell you very little as to why the image was rejected.

They claim to be to busy to tell you specifics. Even worse is Fotoila. The refuse to tell you specifics in my experience.

To me this is a clear case of having their "Head up their A$$" attitude. I've yet to upload to a well established site that actually treats you with any value. They could care less what you (we) think.

I guess what would be nice is a little more common courtesy. At lease expand their rejection emails to be a little more specific so that we could have a better idea of what we need to repair or change before resubmitting the image.

QUESTION: How many of you have had a image rejected for say "Noise" and make the necessary changes either with something like Neat Image or downsizing it only to resubmit it and have it rejected for an entirely different reason the second time! Now that pisses me off for sure. I've had that happen a few times with IS. How about you?

leaf · « **Reply #10 on:** May 25, 2008, 13:17 »

Reviewer are paid only a few cents per image... They are definitely not going to write a detailed explanation on why they rejected a photo. Additionally if they see something wrong with a photo, enough for them to reject it, they are going to tick the box, reject the photo and move onto the next one. One reason is enough to reject a photo.. if they found it they won´t search for more. When the first problem is fixed the next review will find the next problem and so on.

etudiante_rapide · « **Reply #11 on:** May 25, 2008, 15:37 »

Quote from: jsnover on May 25, 2008, 10:39

Quote from: melastmohican on May 25, 2008, 00:03
Why should I clone this? I...this person can clone it. I am just taking picture of an object and my job is to deliver photo.

You're going to drive yourself crazy submitting to microstock, and iStock in particular, if you hang on to that attitude. Your "job" - although you're a supplier to the agencies, not an employee, is to offer images for inclusion into their collection.... iStock has made very cautious rules that require you to lose just about all text or numbers from images.

You don't like those rules, you don't have to submit there....these content rules are pretty clear cut and easy to follow. If you don't like cloning out things, shoot other objects or turn them around so there's no text visible.

i 'll have to agree with jsnover. each site has their own standards or cautionary measures. we also have to remember we're global and each country has different attitudes towards IP ,etc..

i had a couple of images rejected based on this touchy subject of IP, model release,etc... i did just what jsnover said, submit it elsewhere.

i would suggest you read each site's rules and standard, and then decide whether it's worth your while to submit what they want.
or else, you'll only be building up your rejection %age... and it 'll only be a waste of both ppl's time.

remember that they want to sell images, so why would they make it bad for you? it's not in their interest, or yours either.

Bateleur · « **Reply #12 on:** May 25, 2008, 16:51 »

Quote from: melastmohican on May 25, 2008, 00:03

Why should I clone this?

Because if you don't it gets rejected.

It's their call. They don't have to sell anyone's photos if they don't want to.

Tazzy · « **Reply #13 on:** May 25, 2008, 17:32 »

Quote from: melastmohican on May 25, 2008, 00:03

I am just taking picture of an object and my job is to deliver photo.

That is the part that gets me. That is only part of the job. If you even read all the boxes you check when you are submitting a photo, some of them are that you are the copyright holder to the image, that you have a model release for anyone in the photo, that there are no visible trademarks or logos visible in the photo, etc. Plus you have to follow their quality standards like no noise, good focus, no artifacts, correct lighting, etc. So, if a photo is rejected, then you didn't do your job. And I think a lot will agree that it can be tough to always meet their criteria. But, this is a job you took on and you have to learn from your rejections and move on. If they give you the opportunity to correct a problem they see, then it's your job to correct this and resubmit it if you want that photo in your portfolio. If you're going to have the attitude that you shouldn't have to take the time to correct something they call out, then you had better prepare yourself for more rejections down the road.

RacePhoto · « **Reply #14 on:** May 26, 2008, 17:37 »

Quote from: melastmohican on May 25, 2008, 00:03

Why should I clone this? It's what it is if somebody needs handbell without any text on it this person can clone it. I am just taking picture of an object and my job is to deliver photo.

Easy one. Because they make the rules and they are the agents. If you want to sell photos you play by their rules.

It's the opposite of why when I edit a photo and make some "artistic"

changes I get told, "If someone wants to make changes, they will do it themselves."

Removing text is a good idea, making artistic changes is not. The same people who can't clone out text, want to make complex artistic alterations, on their own.

File this in the same place as, "files need to be cropped closer." Rejections... which also attract "cropped too close, no space for copy." complaints from buyers.

melastmohican · « **Reply #15 on:** May 26, 2008, 20:19 »

If I upload to one site only I might need to obey their rules but I submit to agents who have different standards. I am not going to contest IS rejection it could be acceptable to others so I will not waste my time trying to clone images. It is "take it if you like it" game for me.

litifeta · « **Reply #16 on:** May 27, 2008, 18:21 »

3 years at Istock and cannot increase my portfolio above 42 images. They reject everything I send. Not some, all.

sharply_done · « **Reply #17 on:** May 27, 2008, 18:55 »

Quote from: melastmohican on May 26, 2008, 20:19

... It is "take it if you like it" game for me.

Your sales will show, and indeed are showing, the results of your attitude towards commercial stock photography. As others have said, unless you change your mindset you will not be successful in this endeavor.

melastmohican · « **Reply #18 on:** May 27, 2008, 19:08 »

My 15 slots are already taken so it would be pure waste of time to try perfecting rejected images, putting them back into queue (wasting my available slots). I am still reviewing my old images and maybe 40000 of photos waiting to be selected, processed, keyworded and uploaded. So I would rather use my time on other sites that trying to push single photo on IStock. When I run out of my old stuff I might be spending more time on each picture or shoot for stock. Now I am just trying to put my old stuff to work and I am still in 2005

Sinatra · « **Reply #19 on:** June 01, 2008, 04:46 »

that´s a bad joke...i get really angry if i hear story like this....

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Author Topic: Is country name a trademark? (Read 9949 times)

melastmohican

dbvirago

melastmohican

madelaide

Tazzy

melastmohican

snurder

jsnover

thesentinel

cshack

leaf

etudiante_rapide

Bateleur

Tazzy

RacePhoto

melastmohican

litifeta

sharply_done

melastmohican

Sinatra

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