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Agency Based Discussion => Shutterstock.com => Topic started by: leaf on November 02, 2009, 15:16

Title: Shutterstock starts database cleanup?!
Post by: leaf on November 02, 2009, 15:16
I just got a message that Shutterstock has taken a few of my images out of their collection.  

This is what the email says.

Quote
We have removed the following images that you uploaded.
An old car sitting on the prairie forgotten and overgrown with bushes.
(795088) deleted because: Quality Control - Deleted per Legal, do not resubmit An old car sitting on the prairie forgotten and overgrown with bushes.
(795100) deleted because: Quality Control - Deleted per Legal, do not resubmit An old car sitting on the prairie forgotten and overgrown with bushes.
(795220) deleted because: Quality Control - Deleted per Legal, do not resubmit Regards, ShutterStock Support


It is a little cryptic (perhaps due to the unfortunate formatting) - with no real way of know what the images were other than their description.  When I look at the image numbers on Shutterstock, the image is blank.

It looks however like they were deleted due to legal concerns.  Fair enough - perhaps it has something to do with their recent guaranteeing of images. (http://www.microstockgroup.com/shutterstock-com/shutterstock-guarantee/)
Title: Re: Shutterstock starts database cleanup?!
Post by: graficallyminded on November 02, 2009, 15:18
I had 25 of mine yanked.  Ah well, onwards and upwards right
Title: Re: Shutterstock starts database cleanup?!
Post by: sam100 on November 02, 2009, 16:47
I just got a message that Shutterstock has taken a few of my images out of their collection.  

This is what the email says.

Quote
We have removed the following images that you uploaded.
An old car sitting on the prairie forgotten and overgrown with bushes.
(795088) deleted because: Quality Control - Deleted per Legal, do not resubmit An old car sitting on the prairie forgotten and overgrown with bushes.
(795100) deleted because: Quality Control - Deleted per Legal, do not resubmit An old car sitting on the prairie forgotten and overgrown with bushes.
(795220) deleted because: Quality Control - Deleted per Legal, do not resubmit Regards, ShutterStock Support


It is a little cryptic (perhaps due to the unfortunate formatting) - with no real way of know what the images were other than their description.  When I look at the image numbers on Shutterstock, the image is blank.

It looks however like they were deleted due to legal concerns.  Fair enough - perhaps it has something to do with their recent guaranteeing of images. ([url]http://www.microstockgroup.com/shutterstock-com/shutterstock-guarantee/[/url])



Had several too, all cars, motorcycles (even illustrations) ... maybe stricter policies on those items.

Patrick H.
Title: Re: Shutterstock starts database cleanup?!
Post by: ibogdan on November 02, 2009, 17:05
I also have a motorcycle image deleted.
Title: Re: Shutterstock starts database cleanup?!
Post by: mantonino on November 02, 2009, 17:19
i had one motorcycle deleted as well.
Title: Re: Shutterstock starts database cleanup?!
Post by: dbvirago on November 02, 2009, 18:43
one scooter for me. Generic. No logo.  A pretty good seller.
Title: Re: Shutterstock starts database cleanup?!
Post by: ComfortEagle2095 on November 02, 2009, 19:18
Are the deleted files "editorial"?  I have a few images featuring cars from a few years back but they're all marked editorial.  So far they haven't been deleted.
Title: Re: Shutterstock starts database cleanup?!
Post by: leaf on November 03, 2009, 05:40
Are the deleted files "editorial"?  I have a few images featuring cars from a few years back but they're all marked editorial.  So far they haven't been deleted.

they probably wont' be then.  Trademark issues are only for non-editorial images.
Title: Re: Shutterstock starts database cleanup?!
Post by: traveler1116 on November 03, 2009, 06:17
Isn't this a good thing?  Even if a few great sellers go we should be better protected from a lawsuit.
Title: Re: Shutterstock starts database cleanup?!
Post by: leaf on November 03, 2009, 06:19
Isn't this a good thing?  Even if a few great sellers go we should be better protected from a lawsuit.

yeah, I think so
Title: Re: Shutterstock starts database cleanup?!
Post by: leaf on November 03, 2009, 08:27
they are going to remove every image of a car in their database it seems.  They are really going to town!

These two images were even removed for legal reasons.
(http://www.dreamstime.com/overgrown-antique-car-thumb393003.jpg) (http://www.dreamstime.com/stock-photos-overgrown-antique-car-image393003)
(http://www.dreamstime.com/overgrown-antique-car-thumb388066.jpg) (http://www.dreamstime.com/royalty-free-stock-image-overgrown-antique-car-image388066)
Title: Re: Shutterstock starts database cleanup?!
Post by: gbalex on November 03, 2009, 12:28
Long over due... makes you wonder what is going on behind the scenes.
Title: Re: Shutterstock starts database cleanup?!
Post by: FD on November 03, 2009, 17:50
I had two deleted with cars with, full sideview but no logos. They are amongst good sellers at other sites, so I guess it's a matter of time before iStock kicks them out too.
That's a consequence of the latest cry in microstock about the "guarantee". I wonder when Dreamstime will offer the "guarantee".
Title: Re: Shutterstock starts database cleanup?!
Post by: dbvirago on November 03, 2009, 20:21
Lawyers just whacked my muscle car.

(http://darrylbrooks.smugmug.com/photos/702591685_tTjY2-M.jpg)
Title: Re: Shutterstock starts database cleanup?!
Post by: RacePhoto on November 03, 2009, 23:28
Lawyers just whacked my muscle car.


1970's AMC Javelin?

I can't find it and I'm not sure if it was IS or SS or somewhere else, but they do say, if the subject of the photo is the car, or it's more than 1/3rd of the image, it will get rejected. I think it was one of those newsletters last year from SS. Not important, but we have been advised of this in the past. When they remove my photo that includes a parking lot for cars/copyright, then I'll be ready to scream unfair.  ;D

Can't understand leaf's photos being pulled at all.

Funny thing I shot about 14,000 car photos this year and not one ever got uploaded to Micro.

Title: Re: Shutterstock starts database cleanup?!
Post by: litifeta on November 04, 2009, 00:22
few of mine have been yanked. I figure it is because of the insurance guarantee they are now giving subscribers.
Title: Re: Shutterstock starts database cleanup?!
Post by: lephotography on November 04, 2009, 02:19
I had 5 images yanked... they were models on motorcycles. Bummer too.. They were great sellers.
Title: Re: Shutterstock starts database cleanup?!
Post by: qwerty on November 04, 2009, 02:28
few of mine have been yanked. I figure it is because of the insurance guarantee they are now giving subscribers.

That seems like a logical reason why they're doing a cleanup
I won't comment on whether removal of individual files is suitable
Title: Re: Shutterstock starts database cleanup?!
Post by: GeoPappas on November 04, 2009, 05:11
Is it possible that the images that have been removed had keywords that were considered trademarks or copyrights?

For example, if you search on the keyword "BMW", there are 5 results.  If you search on "Volvo", there are 77 results.  Etc.
Title: Re: Shutterstock starts database cleanup?!
Post by: dzain on November 04, 2009, 05:17
Is it possible that the images that have been removed had keywords that were considered trademarks or copyrights?

For example, if you search on the keyword "BMW", there are 5 results.  If you search on "Volvo", there are 77 results.  Etc.
No, I never use brandnames as keywords and they removed some vintage brandless scooter and 3 vintage fire engine trucks without logo/brand which took me several hours to isolate.

Why doesn't that company have the decency to make those photo's editorials instead of just throwing them away as garbage?

And why are they so inpolite not informing us properly about this action in a newsletter or on the forums?

They have the nurve to brag about that stupid 'image garantee' without realising (or without giving a crap) about what that means to their contributors!

I'm angry!!!!
Title: Re: Shutterstock starts database cleanup?!
Post by: ErickN on November 04, 2009, 08:06
Not only cars it seems. I had a few of mine removed in october from a series of Manhattan cityscapes :

(http://www.dreamstime.com/manhattan-skyscrapers-at-dusk-thumb5763290.jpg) (http://www.dreamstime.com/manhattan-skyscrapers-at-dusk-image5763290)

And yes, all potential trademarks, ad signs or whatever had been edited out from the picture. Maybe it's because I tell in the caption that it has been shot from the top of the Rockefeller Center ? Is the RFC considered a trademark or copyrighted ?

[EDIT] And for each removed image, I had the same cryptic message : "deleted because: Quality Control: Deleted per Legal -- Do Not Resubmit"
Title: Re: Shutterstock starts database cleanup?!
Post by: eppic on November 04, 2009, 08:26
So far I havent had any of my images pulled.  I have a couple of car and some semi truck photos and I believe one or two with fire engines.  Maybe the writing's on the wall for those too.
Title: Re: Shutterstock starts database cleanup?!
Post by: gostwyck on November 04, 2009, 08:39
Not only cars it seems. I had a few of mine removed in october from a series of Manhattan cityscapes :

And yes, all potential trademarks, ad signs or whatever had been edited out from the picture. Maybe it's because I tell in the caption that it has been shot from the top of the Rockefeller Center ? Is the RFC considered a trademark or copyrighted ?


It might be because of the location from where you took the shot i.e. from private property.
Title: Re: Shutterstock starts database cleanup?!
Post by: disorderly on November 04, 2009, 09:44
Not only cars it seems. I had a few of mine removed in october from a series of Manhattan cityscapes :

And yes, all potential trademarks, ad signs or whatever had been edited out from the picture. Maybe it's because I tell in the caption that it has been shot from the top of the Rockefeller Center ? Is the RFC considered a trademark or copyrighted ?


It might be because of the location from where you took the shot i.e. from private property.

And the agreement on the ticket precludes use of photos taken there from being used commercially.  Of six images SS removed from my port ages ago, five were taken from Rockefeller Center.  The other was of various coins, and violated UK copyright on images of their queen.
Title: Re: Shutterstock starts database cleanup?!
Post by: leaf on November 04, 2009, 09:52
So far I havent had any of my images pulled.  I have a couple of car and some semi truck photos and I believe one or two with fire engines.  Maybe the writing's on the wall for those too.

yeah, i'm guessing it's just a matter of time for those.  I had a firetruck isolation removed today.  This must really suck for them too.  I am sure there are lots of sales shutterstock is going to loose because of this.
Title: Re: Shutterstock starts database cleanup?!
Post by: Pixart on November 04, 2009, 11:02
It must just be me, but I would have thought to remove all of these photos before I gave a buyer guarantee.  Isn't their guarantee program live already?
Title: Re: Shutterstock starts database cleanup?!
Post by: traveler1116 on November 04, 2009, 11:32
They probably should have been doing this the whole time, protecting us and them should have been one of their top priorities from the beginning.  I would be happy to see anything in my port go if it is a potential copyright/trademark issue.
Title: Re: Shutterstock starts database cleanup?!
Post by: melastmohican on November 04, 2009, 13:08
For me it has not happened yet. Maybe they start from older portfolios?
Title: Re: Shutterstock starts database cleanup?!
Post by: KB on November 04, 2009, 13:09
I haven't had any images de-activated yet, but I fully expect it will happen soon enough.

What I don't understand is why they don't simply allow a title change and swap it to editorial use? Why delete already approved and selling images from the collection? Many of them, surely, would be useful for editorial purposes.
Title: Re: Shutterstock starts database cleanup?!
Post by: dzain on November 04, 2009, 13:31
I haven't had any images de-activated yet, but I fully expect it will happen soon enough.

What I don't understand is why they don't simply allow a title change and swap it to editorial use? Why delete already approved and selling images from the collection? Many of them, surely, would be useful for editorial purposes.
I agree!
Title: Re: Shutterstock starts database cleanup?!
Post by: Roadrunner on November 04, 2009, 16:51
Pretty soon we won't be able to submit anything.  Just about everything was manufactured or made by someone.  That would leave nature the only subject legally open.  Otherwise we will need a MR or PR for everything submitted.  Wonder if we will hsve to get all releases notarized?

It may be time to find another way.
Roadrunner
Title: Re: Shutterstock starts database cleanup?!
Post by: lisafx on November 04, 2009, 17:05
Is it possible that the images that have been removed had keywords that were considered trademarks or copyrights?

For example, if you search on the keyword "BMW", there are 5 results.  If you search on "Volvo", there are 77 results.  Etc.

I had one yanked and I don't use brand names in the keywords. 

In my image the car was not the main focus.  On top of that, my car is so generic I can barely tell what it is myself.  There are half a dozen or more different manufacturers that make a car almost identical to mine.  With logos removed it is virtually unidentifiable. 

Wondering if we will have to stay away from any and all concepts involving motor vehicles in the future?   Sure will leave massive holes in the collections... ???


Title: Re: Shutterstock starts database cleanup?!
Post by: dbvirago on November 04, 2009, 19:09
Interesting during all the car deletions, this is in the revolving images on their home page.  Easily identified as to the model of car and probably the maker of the toy

(http://static.shutterstock.com.edgesuite.net/covers-24684277/stock-photo-vintage-car-on-road-map.jpg)
Title: Re: Shutterstock starts database cleanup?!
Post by: Konstantin Sutyagin on November 04, 2009, 21:58
I haven't had any images de-activated yet, but I fully expect it will happen soon enough.

What I don't understand is why they don't simply allow a title change and swap it to editorial use? Why delete already approved and selling images from the collection? Many of them, surely, would be useful for editorial purposes.
I agree!

My thoughts exactly... Why not change to editorial?
Title: Re: Shutterstock starts database cleanup?!
Post by: traveler1116 on November 05, 2009, 02:56
I haven't had any images de-activated yet, but I fully expect it will happen soon enough.

What I don't understand is why they don't simply allow a title change and swap it to editorial use? Why delete already approved and selling images from the collection? Many of them, surely, would be useful for editorial purposes.
I agree!

My thoughts exactly... Why not change to editorial?

They seem to be kind of overstrict on "editorial" images, I have had some rejected that I thought would sell because they said they needed to be "newsworthy" or something like that.  Cityscapes with building names and adverts are used in newspapers all the time I thought?
Title: Re: Shutterstock starts database cleanup?!
Post by: Oldhand on November 05, 2009, 07:28
"Is it possible that the images that have been removed had keywords that were considered trademarks or copyrights?

For example, if you search on the keyword "BMW", there are 5 results.  If you search on "Volvo", there are 77 results.  Etc."

I had a map of Spain removed this week because, "Portugal is not in Spain". I checked -my keyword error as I was illustrating lots of maps at the time!

No other reason to disable an outline map, other than inappropriate keyword!

Oldhand
Title: Re: Shutterstock starts database cleanup?!
Post by: eppic on November 05, 2009, 08:10
Actually nature images in some cases might not be safe from the cutting room floor either.  For example here in Canada a photographer technically needs an expensive permit in order to photograph for commercial purposes, so in a sense those iconic Canadian Rockies images can also be vulnerable to being deleted if the  contributor cannot provide a copy of a permit.
I know in Nevada you also need a commercial permit in their State Parks if you plan on selling images.  I guess the question is how far with SS and other agencies go with this culling of potentially infringing imagery?
Title: Re: Shutterstock starts database cleanup?!
Post by: cathyslife on November 05, 2009, 08:13
Quote
Pretty soon we won't be able to submit anything.  Just about everything was manufactured or made by someone.  That would leave nature the only subject legally open.

It's funny, I started to type a rant that said exactly the same thing. Except mine said that soon we would need permission from the government or Bill Gates or somebody to photograph the sky and trees!

Lisa, that stinks about your car shot. It is all getting pretty ridiculous. Funny about the car in the revolving image...definitely the main subject and definitely identifiable. But then I have found that kind of stuff going on across the board. My photo gets rejected for one thing and I do a search and find tons more with the same copyrighted thing. Let's see if they pull it now that they are cleaning up.

I have escaped so far, but totally expect something to get chopped. I don't have any car images, but other stuff.
Title: Re: Shutterstock starts database cleanup?!
Post by: lisafx on November 05, 2009, 09:09
Here's an interesting thought - the sites that are offering guarantees - IS, SS, StockXpert, and probably BigStock to follow etc. are doing it to gain a competitive advantage by marketing themselves as having a collection with no possible infringement issues.

OTOH they are being so sweeping that soon there may be no motor vehicles or related concepts in their collections.   Since those are popular concepts, wouldn't that send a significant number of buyers who need those images to the sites that still HAVE them?  

They may inadvertently be handing the competitive advantage to the sites that  have the content because they aren't offering the guarantee.

This could end up being a windfall for DT, FT and others if they don't jump on the "guarantee" bandwagon.
Title: Re: Shutterstock starts database cleanup?!
Post by: designalldone on November 05, 2009, 10:40
Looks like they are pulling pretty much anything with a car in it!  :-\

Just had these illustrations removed:
http://www.istockphoto.com/stock-illustration-6490792-cars-hatchback-saloon-convertible.php (http://www.istockphoto.com/stock-illustration-6490792-cars-hatchback-saloon-convertible.php)
http://www.istockphoto.com/stock-illustration-6490812-cars-people-carrier-and-suv.php (http://www.istockphoto.com/stock-illustration-6490812-cars-people-carrier-and-suv.php)
Title: Re: Shutterstock starts database cleanup?!
Post by: dirkr on November 05, 2009, 11:27
Then they still have a long way to go...
Searching for "car" delivers 93142 hits.
And I sold a picture with a car on it today. ;)
Title: Re: Shutterstock starts database cleanup?!
Post by: KB on November 05, 2009, 11:52
Looks like they are pulling pretty much anything with a car in it!  :-\

Just had these illustrations removed:
[url]http://www.istockphoto.com/stock-illustration-6490792-cars-hatchback-saloon-convertible.php[/url] ([url]http://www.istockphoto.com/stock-illustration-6490792-cars-hatchback-saloon-convertible.php[/url])
[url]http://www.istockphoto.com/stock-illustration-6490812-cars-people-carrier-and-suv.php[/url] ([url]http://www.istockphoto.com/stock-illustration-6490812-cars-people-carrier-and-suv.php[/url])


Am I the only one who thinks that some of these deletions (such as these, and the junk cars by leaf) have gone beyond ridiculous and entered laughable territory?
Title: Re: Shutterstock starts database cleanup?!
Post by: lisafx on November 05, 2009, 13:05


Am I the only one who thinks that some of these deletions (such as these, and the junk cars by leaf) have gone beyond ridiculous and entered laughable territory?

You are not alone :)
Title: Re: Shutterstock starts database cleanup?!
Post by: travismanley on November 05, 2009, 13:29
Im up to 9 deleted photos so far. All car photos with logos removed and no brand names in the file info. Some of these are pretty generic looking cop and emergency vehicles, some of my top selling images.

Really makes you wonder (like Lisa said) if SS is shooting themselves in the foot. Hopefully this isnt going to be a trend, but I fear it will be.
Title: Re: Shutterstock starts database cleanup?!
Post by: melastmohican on November 05, 2009, 13:43
Just got email that they removed picture of car wreck from Bodie ghost town. My number one seller is fragment of sport car. I wonder when they going to notice it :-)
Title: Re: Shutterstock starts database cleanup?!
Post by: cathyslife on November 05, 2009, 13:49
Quote
Am I the only one who thinks that some of these deletions (such as these, and the junk cars by leaf) have gone beyond ridiculous and entered laughable territory?

No, you're not. Pulling those illustrations, as far as I am concerned, means they have taken the step off into the deep end.
Title: Re: Shutterstock starts database cleanup?!
Post by: dbvirago on November 05, 2009, 13:51
Hopefully, for those of us on multiple sites, sales will balance out. About a year ago, a few agencies got anal about accepting legally shot, generic houses saying they need a property release. The sites where my houses remained more than made up for sales lost on the sites where they were deleted.

Lawyers are the only field where they can both create and solve the problem and get paid for both.
Title: Re: Shutterstock starts database cleanup?!
Post by: crazychristina on November 05, 2009, 14:15
Pretty soon we won't be able to submit anything.  Just about everything was manufactured or made by someone.  That would leave nature the only subject legally open.  Otherwise we will need a MR or PR for everything submitted.  Wonder if we will hsve to get all releases notarized?

It may be time to find another way.
Roadrunner
Good news for 3D artists. No wonder mevans is doing so well with his port of 3D cars.
Title: Re: Shutterstock starts database cleanup?!
Post by: dbvirago on November 05, 2009, 14:36
Pretty soon we won't be able to submit anything.  Just about everything was manufactured or made by someone.  That would leave nature the only subject legally open.  Otherwise we will need a MR or PR for everything submitted.  Wonder if we will hsve to get all releases notarized?

It may be time to find another way.
Roadrunner
Good news for 3D artists. No wonder mevans is doing so well with his port of 3D cars.

Per the thread on SS, people have had their vectors of cars and motorcycles deleted for the same reason.
Title: Re: Shutterstock starts database cleanup?!
Post by: leaf on November 05, 2009, 14:46
Looks like they are pulling pretty much anything with a car in it!  :-\

Just had these illustrations removed:
[url]http://www.istockphoto.com/stock-illustration-6490792-cars-hatchback-saloon-convertible.php[/url] ([url]http://www.istockphoto.com/stock-illustration-6490792-cars-hatchback-saloon-convertible.php[/url])
[url]http://www.istockphoto.com/stock-illustration-6490812-cars-people-carrier-and-suv.php[/url] ([url]http://www.istockphoto.com/stock-illustration-6490812-cars-people-carrier-and-suv.php[/url])


Am I the only one who thinks that some of these deletions (such as these, and the junk cars by leaf) have gone beyond ridiculous and entered laughable territory?


It's tough to say.  I can't see them wanting to remove anything they don't have to.

Those vectors look quite a bit like a Toyota Avensis and Toyota Land Cruiser, and I don't really know cars that well.

My old rusted out cars that were deleted.?  Well I think one was a model T ... does Ford still exercise their copyright on that? 
Title: Re: Shutterstock starts database cleanup?!
Post by: cathyslife on November 05, 2009, 16:24
does Ford still exercise their copyright on that?

I was wondering about that too. I thought there was a time limit on that, like after 50 years patents and copyrights ran out or something like that.
Title: Re: Shutterstock starts database cleanup?!
Post by: RacePhoto on November 05, 2009, 16:31
does Ford still exercise their copyright on that?

I was wondering about that too. I thought there was a time limit on that, like after 50 years patents and copyrights ran out or something like that.

Trademark maybe? It's different.

While trademark law seeks to protect indications of the commercial source of products or services, patent law generally seeks to protect new and useful inventions, and registered designs law generally seeks to protect the look or appearance of a manufactured article. Trademarks, patents and designs collectively form a subset of intellectual property known as industrial property because they are often created and used in an industrial or commercial context.

By comparison, copyright law generally seeks to protect original literary, artistic and other creative works. Continued active use and re-registration can make a trademark perpetual, whereas copyright usually lasts for the duration of the author's lifespan plus 70 years for works by individuals, and some limited time after creation for works by bodies corporate. This can lead to confusion in cases where a work passes into the public domain but the character in question remains a registered trademark.


They finally got my generic open wheel race car profile shot. I don't mind, but it was gray, black, no logos... (all the usual things that we remove) on a roadway against some weeds with a bland field in the foreground. Probably sold once, so no loss.

Answer is? Courtesy of dbvirago

Lawyers are the only field where they can both create and solve the problem and get paid for both.
Title: Re: Shutterstock starts database cleanup?!
Post by: snaprender on November 05, 2009, 17:02
Pretty soon we won't be able to submit anything.  Just about everything was manufactured or made by someone.  That would leave nature the only subject legally open.  Otherwise we will need a MR or PR for everything submitted.  Wonder if we will hsve to get all releases notarized?

It may be time to find another way.
Roadrunner
Good news for 3D artists. No wonder mevans is doing so well with his port of 3D cars.

They're axing the 3D also. All my 3D motorcycles (which I designed myself) and cars have been removed. 
Title: Re: Shutterstock starts database cleanup?!
Post by: ComfortEagle2095 on November 05, 2009, 23:56
Seems like if you designed your own car or motorcycle (vector or 3D rendering) all you have to do is fill out your own property release allowing yourself to use the image.  If it doesn't look too much like a Ford or something then you have every right to sell the image.  Not something those of us who take photos can do (unless we also moonlight as car designers/builders).
Title: Re: Shutterstock starts database cleanup?!
Post by: leaf on November 06, 2009, 12:43
Pretty soon we won't be able to submit anything.  Just about everything was manufactured or made by someone.  That would leave nature the only subject legally open.  Otherwise we will need a MR or PR for everything submitted.  Wonder if we will hsve to get all releases notarized?

It may be time to find another way.
Roadrunner
Good news for 3D artists. No wonder mevans is doing so well with his port of 3D cars.

They're axing the 3D also. All my 3D motorcycles (which I designed myself) and cars have been removed. 

That must be a mistake!  Have you contacted them about that?
Title: Re: Shutterstock starts database cleanup?!
Post by: snaprender on November 06, 2009, 14:54
Pretty soon we won't be able to submit anything.  Just about everything was manufactured or made by someone.  That would leave nature the only subject legally open.  Otherwise we will need a MR or PR for everything submitted.  Wonder if we will hsve to get all releases notarized?

It may be time to find another way.
Roadrunner
Good news for 3D artists. No wonder mevans is doing so well with his port of 3D cars.

They're axing the 3D also. All my 3D motorcycles (which I designed myself) and cars have been removed.  

That must be a mistake!  Have you contacted them about that?

No I havent.  They are still on several other sites (including IS) so I guess I'm just not that concerned.  I saw some other 3D artists are having theirs removed too (and I think some illustrators according to the SS forum).  This type of stuff is what reminds me why I would never want to go exclusive anywhere.  The rules seem to change much too often in microstock.
Title: Re: Shutterstock starts database cleanup?!
Post by: travelstock on November 06, 2009, 15:55
does Ford still exercise their copyright on that?

I was wondering about that too. I thought there was a time limit on that, like after 50 years patents and copyrights ran out or something like that.

Trademark maybe? It's different.

While trademark law seeks to protect indications of the commercial source of products or services, patent law generally seeks to protect new and useful inventions, and registered designs law generally seeks to protect the look or appearance of a manufactured article. Trademarks, patents and designs collectively form a subset of intellectual property known as industrial property because they are often created and used in an industrial or commercial context.

By comparison, copyright law generally seeks to protect original literary, artistic and other creative works. Continued active use and re-registration can make a trademark perpetual, whereas copyright usually lasts for the duration of the author's lifespan plus 70 years for works by individuals, and some limited time after creation for works by bodies corporate. This can lead to confusion in cases where a work passes into the public domain but the character in question remains a registered trademark.


They finally got my generic open wheel race car profile shot. I don't mind, but it was gray, black, no logos... (all the usual things that we remove) on a roadway against some weeds with a bland field in the foreground. Probably sold once, so no loss.

Answer is? Courtesy of dbvirago

Lawyers are the only field where they can both create and solve the problem and get paid for both.


The thing is that taking a photo of something and using it only very rarely infringes on copyright or trademarks - the real issue is how an image is used more so than whether one is taken or available for sale.

The situation where a property owner prohibits a photographer from taking a photo and selling it - is more of a concern for a photographer, but then the remedy isn't one of breach of copyright, but actually an issue of breach of contract or in some cases trespass. In practice these remedies are almost impossible to enforce against photographers, and the damages that would be available to a plaintiff wouldn't justify the expense. 

While I understand the politics of the "guarantee" the issue from the legality point of view is really a case where many of the sites are quite clueless. A far more practical approach from a legal perspective would be to make customers responsible for their own work. Offering guarantees is actually more likely to invite law suits than solve them - you're saying to the world that you have a defendant there with $25K or whatever to spend on legal fees, or a settlement.

Don't confuse what's happening here as being a case of what's right and wrong legally - this is situation is all about marketing, and sites like IS and SS saying that the smaller sites shouldn't be trusted to buy content from, when the substance of the issue is mostly BS.

More broadly the push is to discredit the use of freely available creative commons material and present that as especially risky.
Title: Re: Shutterstock starts database cleanup?!
Post by: Roadrunner on November 07, 2009, 13:17
This might be a little dumb, but it occurred to me that these car manufacturers, plus Coca Cola, Pepsi, and other manufacturers ought to welcome the free publicity.  Especially since we own a big share of Chevy and Chrysler with the big BAIL OUT Congress gave them.  Ford rejected the handout so I guess they can be a problem.  I figure we should be able to photograph those big bank buildings and logos too since we also bought a big piece of them. ::)

Two of my best selling cars is the Hummer and Model T Ford.  II sold three of the Hummer this week at BigStock and a couple more at DT.
Title: Re: Shutterstock starts database cleanup?!
Post by: dbvirago on November 08, 2009, 18:21
Sales of my car images picked up sharply this weekend on non-SS sites. Saw a similar reaction last year when a few sites decided we can't sell houses without a property release.