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Dave Buttery
Participating Frequently
May 17, 2021
Answered

IP rejection of this image...why?

  • May 17, 2021
  • 3 replies
  • 778 views

The attached picture was rejected due IP reasons, It was taken on sand dunes (public land) where during the filming of Harry potter the elf Dobby was buried. Fans worked out the location and built this 'monument' cairn of stones with messages on. The stones were picked up from the beach, this is purely in essence a pile of stones on a beach. (the original images was bigger with no signature of course).

I fail to see how pebbles painted by fans piled on a public beach where a CGI elf was supposeldy buried in a film, constitutes an IP violation? please help

This topic has been closed for replies.
Correct answer MatHayward

Technically, the writing and drawings on the rocks could be perceived as art. Much like how you cannot submit images of street art, or even graffiti. You would need a property release for each, signed by the "artist". Adding additional risk, is the Harry Potter character references. This is more of an editorial style image and is not suitable for commercial stock.

 

Better luck next time,

 

Mat Hayward

3 replies

MatHayward
Community Manager
MatHaywardCommunity ManagerCorrect answer
Community Manager
May 17, 2021

Technically, the writing and drawings on the rocks could be perceived as art. Much like how you cannot submit images of street art, or even graffiti. You would need a property release for each, signed by the "artist". Adding additional risk, is the Harry Potter character references. This is more of an editorial style image and is not suitable for commercial stock.

 

Better luck next time,

 

Mat Hayward

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    Dave ButteryAuthor
    Participating Frequently
    May 18, 2021

    I appreciate the name usage, but surely IF painiting a strpe on a stone that does not belong to you is classed as IP (I guess it could also be theft, of the stone by the painter??) does that also mean you cannot photograph a planeted garden without permission of the gardener? I am being a bit of a 'devils advocate' here, BUT a a Gardener or even bricklayer putting a patterns into a wall is beliberatley doing it and the 'installation' is ALL their own work. This is a random pile of painted stones each painted by a different person.

    I fully appreciate the laws in the UK ans US are very different on use of images taken on public land. 

    Thanks for your advice

    Nancy OShea
    Community Expert
    Nancy OSheaCommunity Expert
    Community Expert
    May 18, 2021

    As I said earlier, feel free to submit your image to Getty / iStock, etc... and see what they say.  It might be accepted or rejected for other than IP reasons.  In any case, give it a shot and see what happens.

     

    Good luck!

     

    Nancy O'Shea— Product User & Community Expert
      T
      Test Screen Name
      Legend
      May 17, 2021

      Also (1) mentioning Harry Potter in the keywords or title would be a no-no

      (2) you would need a release from each of the artists who wrote on a stone.

        Nancy OShea
        Community Expert
        Nancy OSheaCommunity Expert
        Community Expert
        May 17, 2021

        Assuming you submitted without the watermark, a reviewer is probably rejecting this because it was perceived as an art installation which requires IP release.  Do you have any proof that this pile of stones, etc... is not officially owned by anyone?

         

        Nancy O'Shea— Product User & Community Expert
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        Dave ButteryAuthor
        Participating Frequently
        May 17, 2021

        No watermark, that is purelky for this page. Proof wise, no proof other than it is on a public beach/dune, the local council tried to get it removed but everytime they took the cain away fans rebuilt it. the stones came from the beach and individuals placed them there, i.e. they are not one person or groups work

         

        Nancy OShea
        Community Expert
        Nancy OSheaCommunity Expert
        Community Expert
        May 17, 2021

        Find some proof online or in print to support your claim.  I don't know what more you can do.  As I'm sure you know, Adobe Stock cannot sell any image for commercial use unless it is squeaky clean legally.

         

        You might try submitting the image to other royalty-free image houses and see what they say.

         

        Nancy O'Shea— Product User & Community Expert
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