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grifo66
Participant
August 19, 2018
Question

Refusal for intellectual property

  • August 19, 2018
  • 7 replies
  • 1196 views

The attached photo was denied for Intellectual property violation. Please help me find the wrong detail in the picture Thanks!

This topic has been closed for replies.

7 replies

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grifo66Author
Participant
August 19, 2018

Thank you all for your comments which I will treasure for the next photo submissions.

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    DrSniffy
    Inspiring
    August 19, 2018

    I think they and us would benefit from a 'title' and 'description' rather than just the title, and reviewer has to guess the rest.

    Like you, I've had mistaken IP and had to resubmit with a literal title to get it approved. Something silly like "Colloseum" to "Ancient Roman historical landmark called The Colosseum, over 2000 years old taken from public area and exempt from IP" lol. Catchy title.

    I still have some 2000 year old brickwork they won't let through though (I gave up trying) lol

      Ricky336
      Community Expert
      Ricky336Community Expert
      Community Expert
      August 19, 2018

      Hence - the 'Rabbit hole'!

        D
        DrSniffy
        Inspiring
        August 19, 2018

        I had a look at a similar one I had refused (a guy with his back to the camera in an otherwise empty beach). They list "fashion items" as IP... so maybe one of those 'better to be safe decisions.

        Fyi, even hand/home made stuff is IP. Just like sandcastles and graffiti

          Ricky336
          Community Expert
          Ricky336Community Expert
          Community Expert
          August 19, 2018

          If a model release was needed, the reviewers would put this into the 'reminder' section and ask for a model release. In this case, we are told it was rejected for IP violation, so therefore there must be another issue. Therefore the style of hat and clothes. But again, this could be a bit like going down the rabbit hole!

          (Unless the reviewers meant to ask for a model release, but chose the IP violation by mistake.)

          Abambo
          Community Expert
          AbamboCommunity Expert
          Community Expert
          August 19, 2018

          I’ve looked at the knobs of the jacket. Even there is no logo, the hat is for sure specific, but you can buy such hats a little bit every where. Also, the clothing isn’t extraordinary I suppose there are more clothings from great designer on stock sites that we can imagine. There is no ip on this picture except for the probably home made clothing elements.

          However, the person is clearly recognizable, so there is a model release needed.

          ABAMBO | Hard- and Software Engineer | Photographer
            Ricky336
            Community Expert
            Ricky336Community Expert
            Community Expert
            August 19, 2018

            Perhaps...

            But:

            Products and objects
            Commercial products (e.g., toys, fashion items, electronic devices and designer furniture) should never be in focus and/or be the main subject of the content if they're identifiable and distinctive in visual appearance, like shape or color.

            The hat is a fashion accessory - it even has flowers in it. A hat is not just a hat! Take the Panama Hat. It is clearly recognisable! Although this is not a Panama Hat, I would suspect that IP rights do exist for this as well.

            So. although a model release may be necessary, I think there are indeed IP rights connected with this image, so rejected accordingly.

            And that being the main issue.

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              DrSniffy
              Inspiring
              August 19, 2018

              Hi Grifo66,

              You need a model release for this photo.

              You're thinking "but she has her head down, so can't be identified", right? Unfortunately stock sites (not just Adobe) take the view that a person could easily identify themselves from clothes, accessories and so on. For this photo I'd even say she could easily identify herself and possibly me too if I knew her.

              What's problematic is that if your image was used for a product that implied something about her, she could sue for damages.

              Ricky336
              Community Expert
              Ricky336Community Expert
              Community Expert
              August 19, 2018

              Hi,

              I would suspect it may have something to do with the style of the hat and/or clothes.

              By the way, you have some exposure issues with the hat - the whites are a bit blown out

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                DrSniffy
                Inspiring
                August 19, 2018

                Similarly it would say exposure issues if if had that too, right

                As you say, a rabbit hole.

                Abambo
                Community Expert
                AbamboCommunity Expert
                Community Expert
                August 19, 2018

                exposure could be a problem when resubmitted wit a model release...

                ABAMBO | Hard- and Software Engineer | Photographer
                Abambo
                Community Expert
                AbamboCommunity Expert
                Community Expert
                August 19, 2018

                Hi,

                There is no problems on IP with this image as I do not see a logo or other protected elements, but you will need a model release for this one, as the face of your subject is partially visible.

                ABAMBO | Hard- and Software Engineer | Photographer
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