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Intellectual Property Violation...what am I missing?

Explorer ,
Mar 10, 2018 Mar 10, 2018

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IMG_0522.JPG

This image was rejection for "Intellectual Property Violation"  and I cannot understand why.  This is the interior drivers side of a Hudson Motor Company Hornet...this model was produced by the Hudson Company (now out of business) for four years from 1951-1954.  Car was produced for another three years by AMC from 1955 to 1957.  Both companies have been out of business for over 50 years. 

As example, I would never submit for approval the image of the passenger side outside front panel, which clearly shows the defunct company's branded signature logo.  See below.

IMG_0523.JPG

So, can someone explain to me why some car dashboards fly through the judging process with flying colors, while others such as the one above get kicked back to me on the grounds of "Intellection Property Violation" when I am careful to avoid brand identification such as "Hornet".

Sherwood Martinelli

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correct answers 1 Correct answer

Advocate , Mar 11, 2018 Mar 11, 2018

Hi,

in your picture you can see a logo in the centre of the steering wheel and also on a button at the bottom right. It may be that the company has not existed for 50 years, but do you personally know exactly how the copyright was regulated here? I don't think the selector can know that either.

From my experience I can only advise not to refer here in your own interest to existing pictorial material in the database of Adobe to doubt the own refusal. You don't know if this vendor may have a propert

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Advocate ,
Mar 11, 2018 Mar 11, 2018

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Hi,

in your picture you can see a logo in the centre of the steering wheel and also on a button at the bottom right. It may be that the company has not existed for 50 years, but do you personally know exactly how the copyright was regulated here? I don't think the selector can know that either.

From my experience I can only advise not to refer here in your own interest to existing pictorial material in the database of Adobe to doubt the own refusal. You don't know if this vendor may have a property release.

You can get into big trouble if your pictures are not protected according to copyright laws.

Greets,

v.poth

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Community Expert ,
Mar 11, 2018 Mar 11, 2018

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In addition to v.poth, also consider the actual design of the dashboard and interior. This may well also come under the IP rights.

I just googled this topic and came up with this:

All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.Mar 11, 2014

and

A U.S. trademark generally lasts as long as the trademark is used in commerce and defended against infringement. Copyright protection is for a limited term. For works created after January 1, 1978, copyrights last for 70 years after the death of the author.Jul 7, 2016 

https://www.stopfakes.gov/article?id=How-Long-Does-Patent-Trademark-or-Copyright-Protection-Last

IP rights are a mine field.

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