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Agency Based Discussion => Shutterstock.com => Topic started by: pixsol on July 31, 2013, 08:45

Title: Property release required for Christmas ornaments from department stores ?
Post by: pixsol on July 31, 2013, 08:45

Hi all -

I am aware that SS requires a Property release for images of private Christmas ornaments (or any art work for that matter).

But, if I use any of my department store procured Christmas ornaments (from Target or Macy's) in my Christmas theme images, is a Property release required ?

If the answer to my above question is a "YES", then if the ornament is shown more as a background on a narrow DOF image, is a Property release still required ?

Thanks !

Title: Re: Property release required for Christmas ornaments from department stores ?
Post by: ruxpriencdiam on July 31, 2013, 11:37

No not required it all depends on the object.

Now the wrapping paper is copyrighted.

http://submit.shutterstock.com/forum/viewtopic.php?t=124843&start=0 (http://submit.shutterstock.com/forum/viewtopic.php?t=124843&start=0)

So do you have an example?

Title: Re: Property release required for Christmas ornaments from department stores ?
Post by: pixsol on July 31, 2013, 12:20

Thanks ruxpriencdiam for your response and the link to the thread.

I dont have an example as I wanted to check the feasibility before spending the time on these images.

I will dig deeper into some of these SS threads and get a better understanding. Thanks again !

Title: Re: Property release required for Christmas ornaments from department stores ?
Post by: steheap on July 31, 2013, 15:31

I don't think there is an answer to this to be honest - just how likely the agency is to be sued. Everything is designed (OK some things evolve, but we won't get into that debate...). So everything that is reasonably new has been designed by someone who owns the copyright to it. Some things are designed by famous people or companies that make the effort to enforce their copyright. Much other stuff is just made by the millions and the company/designer is simply interested in producing the product at low cost - they may stop someone copying the product, but a photo of the product is so far below their radar that they don't care, and if they thought about it, they may think it could help sales.

So, following that logic, everything that has been designed needs a release, but 90% of those items have been designed by people/companies who don't care. I think Shutterstock and the other agencies are trying their best to accept what has a low chance of dispute and reject the high risk items.

I had some 30 year old plastic snowmen rejected for property release, but they relented when I told them how old the items were...

Steve

Title: Re: Property release required for Christmas ornaments from department stores ?
Post by: pixsol on August 01, 2013, 09:53

Thanks Steve for the additional clarity  :)