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Microstock Photography Forum - General => Newbie Discussion => Topic started by: Vic on July 10, 2014, 03:21

Title: Not sure about this trademark issue
Post by: Vic on July 10, 2014, 03:21

Hi all,

I've just had an image accepted at one agency which has been declined by another. One of the reasons they gave was 'Image potentially infringes on intellectual property rights.' I think this refers to a smiley face on a child's spade.

I'm not sure what to do with regard to the site that accepted it though. I didn't consider it to be a logo or trademark but maybe it is! Do I leave it on the other site??

Thanks for any advice,
Vic

Title: Re: Not sure about this trademark issue
Post by: Beppe Grillo on July 10, 2014, 08:11

Maybe the spade itself is trademarked?
Difficult to say if you don't show the photo… There are no soothsayers here.

Title: Re: Not sure about this trademark issue
Post by: Vic on July 10, 2014, 09:02

Thanks for your reply. Fair point! Let's see if it works...

[img] https://www.flickr.com/photos/carefordcreations/14639989143/ (https://www.flickr.com/photos/carefordcreations/14639989143/) [/image]

Title: Re: Not sure about this trademark issue
Post by: Jo Ann Snover on July 10, 2014, 10:22

Those kinds of toys are often trademarked, although some are made cheaply by the bazillions. Several of the agencies err on the side of caution (as they don't want to spend time researching each product in a shot) and reject.

In all honesty (I know you didn't ask about this) the lighting isn't the best and even if you cloned out the face, I'd expect Shutterstock, for example, would reject it for lighting.

Title: Re: Not sure about this trademark issue
Post by: Me on July 10, 2014, 10:31

The shirt could be the problem

Title: Re: Not sure about this trademark issue
Post by: Vic on July 10, 2014, 11:55

Thanks Jo. Yes, SS did also reject it for lighting! Appreciate your comment.

Thanks Me. OK, could be the T-shirt too! Hmm, lots to think about in future...

Not sure whether I should leave it on the other site though..?

Title: Re: Not sure about this trademark issue
Post by: wordplanet on July 10, 2014, 12:11

I think the smiley face causes your eye to move down rather than up to the child's pointed finger, the focal point, so I'd clone it out for that reason alone. I like that the shovel has the light behind it but I might tone it down a tad, again just enough so it doesn't compete for attention with the child's pointed finger. Lovely light, though I might bring up the exposure a tad, maybe increase the contrast slightly -  beautiful child!

Title: Re: Not sure about this trademark issue
Post by: Vic on July 10, 2014, 12:56

Thanks very much for the tips Wordplanet! Thank you, she's my daughter. Going through the thousands of photos I've taken of my kids over the past 6 years and discovering that I have about two that could possibly be submitted for stock!