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Intelectual property - how to publish touristic pictures?

New Here ,
Jun 11, 2022 Jun 11, 2022

I alway have my travel / tourisic pictures rejected because the intelectual property rule (statues, public or private buildings, monuments, street pictures, etc.) So how is it possible to find the same kind of pictures, with the places and monuments avaiable to sell in Adobe Stock? Will you tell me that all those monuments and buildings avaiable  have license from artists and public autorithies? Hard to believe...

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correct answers 3 Correct answers

LEGEND , Jun 11, 2022 Jun 11, 2022

What, you don't think professional photographers can be bothered to do things right? There are actually four other possibilities (1) material accepted by mistake (2) material accepted to editorial collections (3) Adobe change rules over time, probably because of getting sued (4) Adobe licensed external collections at someone else's risk. 

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Community Expert , Jun 11, 2022 Jun 11, 2022

Check the fine print.  If it's sold for Editorial Use Only, it's use is restricted to journalistic & news reporting purpose.  Licensed under EUO means no commercial use is allowed. 

 

Adobe Stock accepts editorial content from a limited number of contributors by invitation only.

https://helpx.adobe.com/stock/contributor/help/illustrative-editorial-content.html

 

On the other hand, many photographers do obtain proper written permission before the photo shoot so they can sell their photographs com

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Enthusiast , Jun 13, 2022 Jun 13, 2022

@Victor Hugo248276400thd , it is true that professional photographers need to understand copyright laws, what is permissable for commercial sales and what requires model and property releases.  Realise too, that when your photos are accepted at any stock site and people start buying your images, that makes you a professional photographer.

 

The concept of copyright is to protect the artist and their intellectual property and not have other people profit off of their creativity and work.  Everyti

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LEGEND ,
Jun 11, 2022 Jun 11, 2022

What, you don't think professional photographers can be bothered to do things right? There are actually four other possibilities (1) material accepted by mistake (2) material accepted to editorial collections (3) Adobe change rules over time, probably because of getting sued (4) Adobe licensed external collections at someone else's risk. 

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Community Expert ,
Jun 11, 2022 Jun 11, 2022

Check the fine print.  If it's sold for Editorial Use Only, it's use is restricted to journalistic & news reporting purpose.  Licensed under EUO means no commercial use is allowed. 

 

Adobe Stock accepts editorial content from a limited number of contributors by invitation only.

https://helpx.adobe.com/stock/contributor/help/illustrative-editorial-content.html

 

On the other hand, many photographers do obtain proper written permission before the photo shoot so they can sell their photographs commercially.  Those lovely picture post cards you see in tourist centers and souvenir shops had to come from somewhere, right?  Clearly those photographers had all their ducks in a row, so it can be done.

 

Carry model & property release forms with you when you travel. Get signatures or don't submit your work for commercial use.

 

Nancy O'Shea— Product User, Community Expert & Moderator
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Enthusiast ,
Jun 11, 2022 Jun 11, 2022

Hi @Victor Hugo248276400thd , is it possible that some of your images that were refused for IP violations had some logos or other IP in the image that you might not have noticed?  For example, in street pictures you have to ensure that no company name, logo or trademarked product is in the shot, even if it isn't the primary focus of the image.  Structures such as the Eiffel Tower are fine to photograph, but not the light display at night - the light display has an IP restriction.

 

There are some known restrictions, and while all IP restrictions cannot be known, here is a list that is pretty extensive.

 

https://helpx.adobe.com/stock/contributor/help/known-image-restrictions.html

 

If you have some of your images that were rejected for IP violations that you don't agree with or understand, feel free to share a couple of them here and we can perhaps offer some clarity.


Rob R, Photographer
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Community Expert ,
Jun 11, 2022 Jun 11, 2022

Please upload here a few of the full size images that were rejected by Adobe Stock so that the community members can provide their input as to the likely causes for rejection. 

Jill C., Forum Volunteer
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Community Expert ,
Jun 11, 2022 Jun 11, 2022

Hi @Victor Hugo248276400thd ,

In addition to what @Test Screen Name said, it is possible that Adobe has not yet reviewed all the assets from Fotolia and those you saw are from there. I suggest you follow the current rules carefully if you'd like Adobe to accept your files.

Best wishes

Jacquelin

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Community Expert ,
Jun 12, 2022 Jun 12, 2022

Do you really know, that the other party has published exactly the same subjects than you wanted to do?

 

May be there is somewhere a logo visible in your picture or the admitted photography has gotten a property release. There are many factors that you do nit know. post a picture here, and we may find the issue with the picture.

 

And then don't forget: Adobe has no obligation to accept your pictures. But they need to be careful to protect their customers. so very often, refusals are on the legally secure side.

ABAMBO | Hard- and Software Engineer | Photographer
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New Here ,
Jun 12, 2022 Jun 12, 2022

I belive professionals who invest lots of money on their cameras and make their living just from photography have no choise but surpass all this burocracy... but then, Adobe Stock would be suited just for this kind of professionals photographers, no way for amateurs to study the city laws, find the authorities who give permission, submit documents, collect taxes etc just to share a nice picture from somewhere they were just passing by. 

Yeah, probably it would be easier to submite some of these photos as editorial, but from what I understood this option is limited for just some users with more then 100 downloads. At least for me this option is never avaiable when I try t submit.

Sharing a few samples reproved.

 

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Enthusiast ,
Jun 13, 2022 Jun 13, 2022

@Victor Hugo248276400thd , it is true that professional photographers need to understand copyright laws, what is permissable for commercial sales and what requires model and property releases.  Realise too, that when your photos are accepted at any stock site and people start buying your images, that makes you a professional photographer.

 

The concept of copyright is to protect the artist and their intellectual property and not have other people profit off of their creativity and work.  Everytime you take a photo, that photo is your intellectual property and it is protected.  However, when you are taking photos of a subject that someone else created, you are infringing on their intellectual property if you try to sell it and make money off of their work.  You are free to take photos of art and buildings in public places, but you are not permitted to sell them and make money off of those images.

 

Regarding your photographs you submitted, the first image of the metal flower sculpture appears to be a fairly modern piece of artwork which would be protected by copyright laws.  Besides that, there is an image of a woman clearly identifiable on the billboard to the right of the photo - she would also have to sign a model release for you to permit you to sell her image.

 

The second image of the statue in the pond, may be old enough to no longer have copyright protection, but it looks like the location could be a paid venue like a botanical garden.  The moderators wouldn't know if you had to have a ticket to get in or not, so they will err on the side of caution and reject it.  Ticketed venues require you to get a property release from the venue if you want to sell your photos for commercial purposes.

 

The last image of the street scene has multiple IP violations including the Carni Justino business name on the building and on the truck along with the cow logo and logos for Instagram and Facebook.  The vehicles would have to have their license plate numbers removed along with any insignias and logos.  The Apple sticker on the back of the van would also have to be removed.

 

Stock photography needs to be generic enough that it can be used by multiple buyers.  When you submit an image you are clearly stating that you have the rights to everything seen in that image or you provide model and property releases giving you those rights.  It does seem overwhelming and complicated at first, but when you familiarise yourself with the rules it becomes much clearer.

 

On a different note, I think I should mention that your images also have technical issues that would probably prompt rejections as well.  It looks like they were taken with your phone's camera.  Smartphone images are accepted for stock, but are held to the same standards as all of the other images.  Most of your images have a lot of noise and artifacts in them.  There are also portions of the images that lack detail and have a "painterly" look to them.  Take a look at this portion of your image viewed at 100% magnification.  Besides the lack of detail, the sky is also overexposed.

 

IMG_20220527_102949a.jpg

 

I hope this explanation helps.  Take a read through some of the links that were offered earlier on property releases and model releases.  Best of luck with your future submissions. 


Rob R, Photographer
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Community Expert ,
Jun 13, 2022 Jun 13, 2022

It's not an easy world and some 50 years ago, some aspects of the photographic art were much easier.

 

This said, when you are selling photos, you should be sure not to have legal issues with those photos. Adobe has a responsibility against his customers to provide only images that are checked and free of rights of third parties. This effectively adds some administrative burden onto the photographer.

 

Illustrative editorial pictures are only open for those contributors having made 100 sales or who have an extensive editorial collection somewhere else that Adobe can check to see if you understand the editorial concept. On the other hand, editorial pictures are limited in use for the buyer, so not all buyers will buy such images.

ABAMBO | Hard- and Software Engineer | Photographer
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Community Expert ,
Jun 14, 2022 Jun 14, 2022

The first two photos you supplied are obvious pieces of art, that at a minimum, require a release do to the rights on the design. 

Maybe also the ownership.

This applies to everything. Would you want someone making money from your photos without paying?

The last photo has copyrighted names and logos. It also has things that can be used to identify ownership. I.e. car plates. 

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Community Expert ,
Jun 13, 2022 Jun 13, 2022

Monuments, buildings and statues are actually very easy. Photograph from public places. For instnce the sidewalk or street. Make sure that the subject is not the main interest point. Rule of thumb may be less than 20% of the photo. Do not photograph people which are recognizable. Remove all commercial names, signs  and logos.

Anything else, requires a release.

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New Here ,
Jun 14, 2022 Jun 14, 2022

I hate to keep discussion over something that is already lost, unfortunatelly at Adobe Stock the editorial option is not avaiable, so most of my content is not adequate to be commercialized here. Not comming back to reply again.

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Community Expert ,
Jun 14, 2022 Jun 14, 2022
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You're welcome. The discussion will help others understanding better.

ABAMBO | Hard- and Software Engineer | Photographer
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