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Author Topic: Rejected for copyright of a beach house?!  (Read 8776 times)

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« on: November 14, 2011, 20:04 »
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Here is the image. I have a bunch of these and they all got rejected due to copyright infringement by DT. I don't understand. They have been approved by fotolia, 123rf, photodune, bigstock, and depositphoto. What is the issue and how can I fix it?

http://flickr.com/gp/45642175@N06/Rfc480
« Last Edit: November 14, 2011, 20:08 by frozensage »


« Reply #1 on: November 14, 2011, 20:29 »
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It might be the unit number over the doors, I would clone those out.

Moonb007

  • Architect, Photographer, Dreamer
« Reply #2 on: November 15, 2011, 00:49 »
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DT sometimes just does not take the risk for any property.  I would clone out the number to, I remove those all the time.

« Reply #3 on: November 15, 2011, 03:23 »
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do you mean they said you needed a property release ?

« Reply #4 on: November 15, 2011, 05:49 »
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Yeah, but I guess that's part of their standard breach of copyright template email. I mean where am I going to go find the owners of these beach houses... o.O

Thanks for the suggestion. I will edit out the unit numbers and try again.

digitalexpressionimages

« Reply #5 on: November 16, 2011, 08:14 »
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I got rejected for a shot of a tractor in a field due to copyright. I scoured the shot and removed all logos. But the tractor was a John Deere which features a very distinctive paint job with specific colours that have become part of their branding. That was what caused the rejection. It could be the distinctive paint and colour combo would make it easy for the owner to recognize and prove ownership. I've never submitted property photos  to know the in's and outs

The numbers seal the deal so removing them may be enough. Give it a try though.
« Last Edit: November 16, 2011, 08:24 by digitalexpressionimages »

« Reply #6 on: November 23, 2011, 09:16 »
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I got rejected for a shot of a tractor in a field due to copyright. I scoured the shot and removed all logos. But the tractor was a John Deere which features a very distinctive paint job with specific colours that have become part of their branding. That was what caused the rejection. It could be the distinctive paint and colour combo would make it easy for the owner to recognize and prove ownership. I've never submitted property photos  to know the in's and outs

The numbers seal the deal so removing them may be enough. Give it a try though.

The stupid thing is that most buildings would easily be identified by their owners, cloning away numbers or logos does nothing to make them anonymous. I've often wondered if Megacorp might not be more annoyed at having the Megatower appear in an ad with the logo removed than it would be to have its name still present.

ShadySue

  • There is a crack in everything
« Reply #7 on: November 23, 2011, 09:26 »
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I got rejected for a shot of a tractor in a field due to copyright. I scoured the shot and removed all logos. But the tractor was a John Deere which features a very distinctive paint job with specific colours that have become part of their branding. That was what caused the rejection. It could be the distinctive paint and colour combo would make it easy for the owner to recognize and prove ownership. I've never submitted property photos  to know the in's and outs

The numbers seal the deal so removing them may be enough. Give it a try though.

The stupid thing is that most buildings would easily be identified by their owners, cloning away numbers or logos does nothing to make them anonymous. I've often wondered if Megacorp might not be more annoyed at having the Megatower appear in an ad with the logo removed than it would be to have its name still present.
Same thing with products accepted if only the logo is removed.
But I guess it would depend on the ad it was in.

« Reply #8 on: November 23, 2011, 19:41 »
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and same problem occurs with traffic pictures - even if license plates arent seen, most cars and trucks have distinctive shapes

« Reply #9 on: November 23, 2011, 21:10 »
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so these photos got approved after removing the unit number. Funny enough istock approved these the first time around and they are usually very anal with these detail things.

I see TV commercial all the time where they have a Apple laptop but the apple logo covered by a round sticker. Still pretty obvious what the product is though.

RacePhoto

« Reply #10 on: November 24, 2011, 05:01 »
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so these photos got approved after removing the unit number. Funny enough istock approved these the first time around and they are usually very anal with these detail things.

I see TV commercial all the time where they have a Apple laptop but the apple logo covered by a round sticker. Still pretty obvious what the product is though.

Thanks for the update on the beach houses. I can't believe they would worry about a number on a shed. (well I can, but I mean...  ::)  )

"most cars and trucks have distinctive shapes" Yes but all "Brand X" blue sedans look the same, without the license plate, the owner can't identify their personal car. I think that's the point of license removal, not the brand of car? How about a city bus, where I had to remove the bus number on the back. Not the license, just a number and it's a public vehicle?

It's so silly sometimes.

Commercial airliner, take off the registration numbers. Add that to the list.

« Reply #11 on: November 24, 2011, 16:23 »
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"most cars and trucks have distinctive shapes" Yes but all "Brand X" blue sedans look the same, without the license plate, the owner can't identify their personal car. I think that's the point of license removal, not the brand of car? How about a city bus, where I had to remove the bus number on the back. Not the license, just a number and it's a public vehicle?

It's so silly sometimes.

Commercial airliner, take off the registration numbers. Add that to the list.

like the john deere example earlier, here they're rejecting based on trademark, not copyright or individual ownership - each agency handles this differently, some approach the ridiculous; others have widely varying reviewers

i still get occ'l sales of airport pix of branniff's uniquely colored jets

RacePhoto

« Reply #12 on: November 28, 2011, 16:48 »
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John Deere's green and yellow color scheme, the leaping deer symbol, and John Deere are trademarks of Deere & Company.

In a court case where another equipment company argued to nullify the trademark color combination (and lets not forget that green is very specific, not just any green and yellow) The court said since John Deere had used the colors in combination for a very long time, it was justification for the trademark colors to continue to be protected.

I know people get upset when they get a rejection for something appearing strange or obscure, but when it involves a world recognized combination of two colors, on farm equipment, since the middle 1800s, it's not as minor as it appears.

digitalexpressionimages

« Reply #13 on: November 28, 2011, 19:04 »
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John Deere's green and yellow color scheme, the leaping deer symbol, and John Deere are trademarks of Deere & Company.

In a court case where another equipment company argued to nullify the trademark color combination (and lets not forget that green is very specific, not just any green and yellow) The court said since John Deere had used the colors in combination for a very long time, it was justification for the trademark colors to continue to be protected.

I know people get upset when they get a rejection for something appearing strange or obscure, but when it involves a world recognized combination of two colors, on farm equipment, since the middle 1800s, it's not as minor as it appears.

Who are you responding to RP? The OP was about painted houses and my John Deere story was just an example, I was never upset about it and I understand the reason. It seems like your trying to console where no consoling is needed.

« Reply #14 on: November 28, 2011, 19:48 »
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Hi All,

 Through my experience in stock photography I do not upload images of property that is not property released. If you shoot a house and do not have a property release the image can only be used for Editorial unless the buyer of the image is willing to take on a possible legal case. It is like anything you own down to your dog they all need property releases. If you are out shooting peoples homes for stock without a property release I would not be happy if it was my home. Just my two cents ALWAYS GET A PROPERTY RELEASE your image will make 20 times more sales if you have a property release.

Good Luck,
Jonathan Ross

RacePhoto

« Reply #15 on: November 29, 2011, 02:15 »
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John Deere's green and yellow color scheme, the leaping deer symbol, and John Deere are trademarks of Deere & Company.

In a court case where another equipment company argued to nullify the trademark color combination (and lets not forget that green is very specific, not just any green and yellow) The court said since John Deere had used the colors in combination for a very long time, it was justification for the trademark colors to continue to be protected.

I know people get upset when they get a rejection for something appearing strange or obscure, but when it involves a world recognized combination of two colors, on farm equipment, since the middle 1800s, it's not as minor as it appears.


Who are you responding to RP? The OP was about painted houses and my John Deere story was just an example, I was never upset about it and I understand the reason. It seems like your trying to console where no consoling is needed.


Two times in one thread someone brought up the John Deere colors. It was just background beyond the surface, for anyone new reading the thread and wondering what the heck it was all about.

Kind of like telling the punch line for a joke and all your friends know it and laugh, but someone new don't know what's going on.  ;D

-=-=-

Sorry Jonathan, we don't need a property release for a house, shot from public property. Probably don't even need to remove the address numbers. Consider this, why do people put numbers on their home? So it can be found? And now it's suddenly some kind of secret? I don't think it would fly.

Anyway, not, public homes and buildings before 1990. After that it's only for protected registered works. (as always I'm referring to USA)  http://www.copyright.gov/circs/circ41.pdf

But, if you are in Italy, there is no freedom of panorama. Here's a bit: Freedom of panorama, often abbreviated as FOP, is a provision in the copyright laws of various jurisdictions that permits taking photographs or video footage, or creating other images (such as paintings), of buildings and sometimes sculptures and other art which are permanently located in a public place, without infringing any copyright that may otherwise subsist in such works 

http://en.wikipedia.org/wiki/Freedom_of_panorama

Before anyone makes a broad sweeping statement, you may want to consider, where are you, where are you standing.  ;) What use is legal, as some allow non-commercial, some all anything, some allow nothing.

The answer is, the agencies make simple rules, based on the avoidance of complications and potential lawsuits, but they are not legal decisions and many times, not even infringing. As always, agency rules are not laws... they are agency policy and nothing more. That also answers why one place will take a specific picture of the side of a blue building that looks like plastic garbage barrels, and another will refuse it for possible copyright issue. And most of all, why someone refuses a stupid beach shack for having a number on it!

Don't assume that any agency rule is actually a law.

« Reply #16 on: November 29, 2011, 21:52 »
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Hi Race,

 Yes, if you want that house to be sold to a buyer for a commercial use you have to have a property release please ask Getty they will tell you, it has to do with buyers security not the law. You can shoot an entire neighborhood but not one house on it's own. The same thing with a library, you can't shoot a single book but you can shoot an entire shelf of books. The same with groceries in a store, I can shoot the entire yogurt isle but if I focus on just Dannon for the shot that image cannot be used for commercial purposes. They will add it to the collection and add a catch line " This image is not property released but may not need one for certain uses " but this is not an open commercial license for the image. Check Getty talk to them they will tell you exactly what I am sharing.
 I just want to add that what the law is and what buyers are comfortable buying are completely different, for advertisers to use a photo of just my home for a commercial ad without my approval they would be looking at a law suit but that is just the U.S. because I live on a private road, I can't speak for other countries. So bottom line is if you want your image to sell and be in great demand you need a PR. You can still sell that image but not to most commercial buyers. All you need is one court case and I guarantee you you will change your view.


Cheers,
Jonathan
« Last Edit: November 29, 2011, 22:20 by Jonathan Ross »

RacePhoto

« Reply #17 on: November 29, 2011, 22:20 »
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I don't think so Jonathan. Same as before, agency rules and real laws are not the same thing. Agencies make their own rules, sometimes based on fear, rather than law.

Architectural works are protected by copyright to some degree, but in most countries you may photograph a building, if the building is located in a public place or is visible from a public place. You may also publish and distribute the photo without permission. This exception generally applies only to buildings, a category which generally includes houses, office buildings, churches and garden pavilions. The exception does usually not apply to monuments (protectable as sculptural works). Also, artistic elements associated with buildings such as sculptural ornaments may receive independent copyright protection; a permission may be needed to photograph them.

And for the statue question, (sculptural works) which someone has brought in, if it's out of copyright, made before 1923 it's public domain. That doesn't mean any agency will or must accept them, just that they could, legally.

I should also point out the other side of this. Just because an agency sells and accepts some subjects, it doesn't mean they are to be assumed legal! People have pointed out that some IS Editorial, unreleased images are somehow leaking over to ThinkStock. I know that protected images are for sale on a number of sites. Just because they take them, that doesn't mean they are legal.

Just because they refuse them, doesn't mean they aren't legal.

That's the point.

« Reply #18 on: November 29, 2011, 22:31 »
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Hi Race,

 I guess that was what I was trying to say and you put it much better. Not my house because I am on a private drive but yes you are absolutely right about the bill from before 1990 however, as time moves forward more and more homes fall under that law so you have to be sure that the building is at least built before 1990 or didn't have any major architectural design changes after 1990. My focus that was poorly explained was if you want your agency to make you sales on your image of private locations they will sell your work a lot more and take a lot more content if you get a property release.
  You can shoot houses from the street all day and they might sell to smaller buyers but the the big sales to the big buyers is going to be Property Released.
 Thanks for all your information you posted that is very helpful stuff and good for everyone to know. I have been following this subject for the past three years and from my experience the images we represent that are Property released sell much better and for much larger sales than the non property released images we represent.

Best,
Jonathan

« Reply #19 on: November 30, 2011, 07:22 »
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and my smiley face and doll were selected by DT while SS rejected them... lol

RacePhoto

« Reply #20 on: November 30, 2011, 15:10 »
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and my smiley face and doll were selected by DT while SS rejected them... lol

If DT gets sued by the toy company or the Froggy who owns the rights to Mr. Smiley Face, comes after them, who's better off?

Don't worry, you'll have more of these and SS takes things that DT refuses for "we have too many of these" or "These don't sell well", when on SS they do sell well. They are all independent, and have different directions and ideas, except for the making money part.

These are not rejections, they are "refusals". It's a better way of accepting it.


 

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