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Author Topic: Copyright or trademark protection  (Read 5524 times)

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12_Tribes

« on: June 29, 2012, 16:37 »
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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



« Reply #1 on: June 29, 2012, 16:40 »
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honestly dont know but if you are violating it aint just you, there are tons from xbox, playstation or nintendo..

12_Tribes

« Reply #2 on: June 29, 2012, 17:18 »
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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

« Reply #3 on: June 29, 2012, 17:33 »
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if it was deactivated I believe they will take down all other too, if not it doesnt make any sense...

12_Tribes

« Reply #4 on: June 29, 2012, 17:46 »
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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

« Reply #5 on: June 29, 2012, 18:12 »
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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).

« Reply #6 on: June 29, 2012, 18:22 »
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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

ShadySue

  • There is a crack in everything
« Reply #7 on: June 29, 2012, 18:30 »
0
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.  ;)

« Reply #8 on: June 29, 2012, 18:32 »
0
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

12_Tribes

« Reply #9 on: June 29, 2012, 18:54 »
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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!

« Reply #10 on: June 29, 2012, 19:08 »
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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

12_Tribes

« Reply #11 on: June 29, 2012, 20:20 »
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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

« Reply #12 on: June 29, 2012, 20:31 »
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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.

ShadySue

  • There is a crack in everything
« Reply #13 on: June 30, 2012, 02:09 »
0
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

12_Tribes

« Reply #14 on: June 30, 2012, 06:24 »
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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!
« Last Edit: June 30, 2012, 06:30 by 12_Tribes »

« Reply #15 on: July 26, 2012, 13:29 »
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It is a hopeless case. The agencies are so afraid of greedy American layers.

« Reply #16 on: July 26, 2012, 15:44 »
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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.

lisafx

« Reply #17 on: July 26, 2012, 15:51 »
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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...

« Reply #18 on: July 26, 2012, 16:16 »
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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...

« Reply #19 on: July 26, 2012, 18:19 »
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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.

« Reply #20 on: July 26, 2012, 18:58 »
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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.  >:(


 

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