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Microstock Photography Forum - General => Photo Critique => Topic started by: 12_Tribes on June 29, 2012, 16:37

Title: Copyright or trademark protection
Post by: 12_Tribes on June 29, 2012, 16:37
Hi everyone!

I'm new in microstock industry, and I would like to hear your opinion about this photo.
Did I violated copyright or trademark protection? Thanks

(http://i1078.photobucket.com/albums/w496/banners14/joypad.jpg)
Title: Re: Copyright or trademark protection
Post by: luissantos84 on June 29, 2012, 16:40
honestly donīt know but if you are violating it ainīt just you, there are tons from xbox, playstation or nintendo..
Title: Re: Copyright or trademark protection
Post by: 12_Tribes on June 29, 2012, 17:18
Thanks for respond Luis! That's what confuses me. I saw them too, and other stuff like Coca Cola bottles, Gillette razors and others (without logo ofc).
This photo was deactivated today - reason: xbox controller
It was my best seller :) and it's not even xbox controller, but Jetion JT-GPC002 for PC :) Oh well
Title: Re: Copyright or trademark protection
Post by: luissantos84 on June 29, 2012, 17:33
if it was deactivated I believe they will take down all other too, if not it doesnt make any sense...
Title: Re: Copyright or trademark protection
Post by: 12_Tribes on June 29, 2012, 17:46
Oh...my joypad was on first page when it's searched by 'joystick'. There is one or couple of them similar as mine (with removed logo)  also on first page and they are still active. I'm confused
Title: Re: Copyright or trademark protection
Post by: Sean Locke Photography on June 29, 2012, 18:12
It's no surprise IS deactivated that.  It's an isolated product shot of a game controller.  Those were cleaned out a few years ago.  And yes, it does look just like an Xbox controller even if it isn't (and has a cord).
Title: Re: Copyright or trademark protection
Post by: luissantos84 on June 29, 2012, 18:22
Oh...my joypad was on first page when it's searched by 'joystick'. There is one or couple of them similar as mine (with removed logo)  also on first page and they are still active. I'm confused

you can always report them :D
Title: Re: Copyright or trademark protection
Post by: ShadySue on June 29, 2012, 18:30
Oh...my joypad was on first page when it's searched by 'joystick'. There is one or couple of them similar as mine (with removed logo)  also on first page and they are still active. I'm confused

you can always report them :D
And a year or so later they might be rmoved.  ;)
Title: Re: Copyright or trademark protection
Post by: luissantos84 on June 29, 2012, 18:32
Oh...my joypad was on first page when it's searched by 'joystick'. There is one or couple of them similar as mine (with removed logo)  also on first page and they are still active. I'm confused

you can always report them :D
And a year or so later they might be rmoved.  ;)

or the next hour like we see sometimes here :D
Title: Re: Copyright or trademark protection
Post by: 12_Tribes on June 29, 2012, 18:54
Yeah, it really looks like an xbox controller. There are still active product shots of game controllers on first pages and mine was there more then 6 months - I thought that everything is ok. That joypad was 50% of my earnings and i got first flame on it. :)
Guess I have to move on. :) Thanks guys!
Title: Re: Copyright or trademark protection
Post by: luissantos84 on June 29, 2012, 19:08
Yeah, it really looks like an xbox controller. There are still active product shots of game controllers on first pages and mine was there more then 6 months - I thought that everything is ok. That joypad was 50% of my earnings and i got first flame on it. :)
Guess I have to move on. :) Thanks guys!

seriously, report the other, I would
Title: Re: Copyright or trademark protection
Post by: 12_Tribes on June 29, 2012, 20:20
Hm...I don't want to report others. On the other side it is unfair to take down only my photo. I have to think again
Title: Re: Copyright or trademark protection
Post by: Karimala on June 29, 2012, 20:31
IS removes questionable images all the time.  My latest was an image with a guy holding a vintage microphone extended out towards the viewer.  IS claimed I used a certain type of microphone with a copyrighted design, which I didn't.  I purposely bought a cheap, generic, no-name Chinese knock-off microphone for that very reason.  I contested the removal, but IS didn't budge.  It didn't matter to them what I used.  All that mattered was it looked similar to the microphone they referenced.
Title: Re: Copyright or trademark protection
Post by: ShadySue on June 30, 2012, 02:09
Oh...my joypad was on first page when it's searched by 'joystick'. There is one or couple of them similar as mine (with removed logo)  also on first page and they are still active. I'm confused

you can always report them :D
And a year or so later they might be removed.  ;)

or the next hour like we see sometimes here :D
Title: Re: Copyright or trademark protection
Post by: 12_Tribes on June 30, 2012, 06:24
I contested the removal, but IS didn't budge.

I sent them a ticket and I don't expect much. That photo is not masterpiece, but sales was like boom boom and that's a great thing for newbie :) Back to work and hopefully another bestseller will rise.
Again, thank you all for your responses!
Title: Re: Copyright or trademark protection
Post by: JPSDK on July 26, 2012, 13:29
It is a hopeless case. The agencies are so afraid of greedy American layers.
Title: Re: Copyright or trademark protection
Post by: bunhill on July 26, 2012, 15:44
I purposely bought a cheap, generic, no-name Chinese knock-off microphone for that very reason.

Wouldn't a "knock-off" look deliberately like the thing which has been knocked-off ? In which case I can understand them treating it with caution.
Title: Re: Copyright or trademark protection
Post by: lisafx on July 26, 2012, 15:51
I can sympathize.  I shot a series with generic game controllers (they were in people's hands, so not a major part of the image) and it took going through Scout and explaining in detail to get them accepted.  Now after all that trouble they don't even sell very well...
Title: Re: Copyright or trademark protection
Post by: click_click on July 26, 2012, 16:16
I can sympathize.  I shot a series with generic game controllers (they were in people's hands, so not a major part of the image) and it took going through Scout and explaining in detail to get them accepted.  Now after all that trouble they don't even sell very well...
Oh man, that's a bummer. One would think that gaming etc. would be a commercially valuable topic...
Title: Re: Copyright or trademark protection
Post by: cardmaverick on July 26, 2012, 18:19
It falls under a thing called "trade dress" - which has been the subject of many Getty Images law suits recently... it's the on form of IP law that could really shut down this business.
Title: Re: Copyright or trademark protection
Post by: cathyslife on July 26, 2012, 18:58
It falls under a thing called "trade dress" - which has been the subject of many Getty Images law suits recently... it's the on form of IP law that could really shut down this business.

That's what money can buy.  >:(