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Known Participant
July 2, 2026
Answered

Why are photos of an American flag being rejected as Intellectual Property?

  • July 2, 2026
  • 18 replies
  • 84 views

Why are photos of an American flag being rejected as Intellectual Property? I have never had this problem in the past. I even updated the keywords in case it was one of them and resubmitted but still rejected for IP. It is just a close up, full frame photo of a flag. 

Correct answer Nancy OShea

The embroidered Stars are the main culprit; not the red, white & blue flag design. 

You can read more about this below.

 

 

Sorry to be the barer of bad news. But designers & manufacturers have legal ownership rights. And nobody wants a costly litigation battle.

 

18 replies

Nancy OShea
Community Expert
Nancy OSheaCommunity ExpertCorrect answer
Community Expert
July 2, 2026

The embroidered Stars are the main culprit; not the red, white & blue flag design. 

You can read more about this below.

 

 

Sorry to be the barer of bad news. But designers & manufacturers have legal ownership rights. And nobody wants a costly litigation battle.

 

Nancy O'Shea— Product User & Community Expert
ZALEZPHOTO
Legend
July 2, 2026

GREAT SHOT! I stand by my original comment… I uploaded the shot to Gemini and here is what I got:

 

In the context of stock photography, "Intellectual Property" (IP) violations often extend beyond the main subject to include secondary elements like specific brand designs. For this photo, the most likely reasons for rejection are:

  • Distinctive Embroidery and Stitching Pattern: Some high-end or specialty flag manufacturers have proprietary methods for stitching stars (the density, the "3D" raised effect, or specific embroidery patterns). If the specific look of these stars is unique to a brand, it can be flagged as a protected "trade dress" or industrial design. community.adobe.com
  • Fabric Texture and Weave: Occasionally, the specific weave of the nylon or cotton—especially if it is a "tear-resistant" or "all-weather" patented material—can be considered an IP issue if the manufacturer is recognizable by that texture.
  • Potential Trademark in the "Void": Reviewers are extremely strict about even a tiny fragment of a manufacturer's tag or a watermark that might be visible in the folds or along the white seams where the stripes meet the blue field. millernash.com

While the American flag itself is in the public domain, the specific physical product used in the photo was manufactured by a company that may hold the rights to its unique design features or fabrication methods. Stock agencies often reject these photos to avoid any risk of a commercial misappropriation claim from the manufacturer.

 

ZALEZPHOTO
Known Participant
July 2, 2026

That’s news to me. Same flag and they accepted this one. 

 

ZALEZPHOTO
Legend
July 2, 2026

I understand the frustration on the inconsistencies by moderators. 

I often feel the same way. What I would do in your case with this shot, is resubmit 

a few days later, and make sure it’s at a different time from the first time, must of the time it works for me when there’re aren’t legitimate reasons for a rejection. You just better make sure you're  100% sure you are sure :)

One more thing, your comment that “AI doesn’t know what it is talking about. (As usual)” That opinion defies all the empirical and real world evidence. AI, for better or worst will become an intricate part of our life's. It will require adapting to it, keeping an open mind, and realize that not all use of AI is bad or will make us dumber…  Well I take that back, I believe it will make a majority of people dumber, but I rest knowing I will not be one of them, understanding the answers you get are only as good as how smart anyone interacts with it.

Best of luck to you!

ZALEZPHOTO
ZALEZPHOTO
Legend
July 2, 2026

While this contributor forum is great for somethings, AI is faster and better for questions like yours, and since it’s here to stay I encourage you to use it wisely.

Your closeup full frame is the reason, not because of the flag itself, but because of the isolation of the flag, which can never be used for advertisement. And flag on a pole with a beautiful blue sky is likely to be accepted.

Have a great day!

ZALEZPHOTO
Known Participant
July 2, 2026

I have had other full frame flag backgrounds accepted. 

Jill_C
Community Expert
Community Expert
July 2, 2026

Upload the picture here so we can see if there’s something else in the image triggering the rejection.

Jill C., Forum Volunteer
Known Participant
July 2, 2026

 

Nancy OShea
Community Expert
Community Expert
July 2, 2026

@MargJohnsonVA 

The  “embossed embroidery” controversy is not widely known about. But now that you do know, you should remove it from Stock inventory to avoid an IP infringement strike later.

 

Hope that helps.

 

Nancy O'Shea— Product User & Community Expert