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Participant
January 24, 2024
Question

Terms and conditions for selling photos as stock photos

  • January 24, 2024
  • 2 replies
  • 433 views

Hi there,

 

I have a question regarding the terms and conditions of selling photos to this platform. I work in a railway company and we discovered that there was a stock photo of the train that belongs to us, the photographer had removed the logo from the picture but it is still well recognizable and well-known that this particular color train belong to this specific railway company so it is really well distinguishable. Is this allowed or should the photographer have asked our permission first for photographing our train, removing the logo and posting it up as stock image for everybody to us?

 

Thanks so much for all the advice and info in advance,

 

Best wishes,

 

E.

This topic has been closed for replies.

2 replies

daniellei4510
Community Expert
Community Expert
January 25, 2024

Not sure if this guy is a lawyer, but here's what I found on Quara, suggestion that both color AND shape can be copyrighted:

 

"You’ll run into trouble on this as long as it is your intent to commercialize the image, even without the brand name and original color.

Many products are copyrighted not just in brand name, text font, or color (Coca Cola, for example, copyrights not only the name Coca Cola, but the specific color red used throughout its branding), but also the shape (the Coke bottle shape is copyrighted and probably patented—though I’m not sure of that). You could take the name of the bottle, and change the red to blue, but the shape would still be covered under copyright law, and if you used it to promote other products or services, you’d face a lawsuit.

The best advice: When in doubt, leave it out."

Adobe Community Expert | If you can't fix it, hide it; if you can't hide it, delete it.
Abambo
Community Expert
Community Expert
January 25, 2024

The Coca Cola bottle is iconic and is protected, as is the John Deere colouring. You also could add the round button for the iPhone. So yes, multiple elements may be protected.

ABAMBO | Hard- and Software Engineer | Photographer
daniellei4510
Community Expert
Community Expert
January 25, 2024

I live just three or four miles from John Deere plant. In fact, I used to work at one of their shipping warehouses. And I'm surrounded by farm land. Their colors around my neck of the woods are quite well known. 🙂

Adobe Community Expert | If you can't fix it, hide it; if you can't hide it, delete it.
Abambo
Community Expert
Community Expert
January 25, 2024

Normally all branding should be removed. It is, as an example, not allowed to post images with the John Deere green-yellow branding. If your train and the picture here does violate your branding, has to be determined by checking the asset. Check here for more information and possibilities to report: https://helpx.adobe.com/stock/contributor/help/how-to-report-suspected-misuse-of-your-intellectual-property.html

ABAMBO | Hard- and Software Engineer | Photographer