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Question

Why Was This Rejected Based on Intellectual Property?

Forum|Forum|4 years ago
August 18, 2021
3 replies
933 views

This is a photo of the government-mandated information that is located at every railroad crossing in the United States. I was inspired to submit it when I read a story about a car-train crash.

There are no logos. There are no fancy fonts. Every word is mandated by the government (i.e., no creativity). It is a plain aluminum shed.

I don't understand why this was rejected for intellecutal property grounds. Any thoughts?

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Ricky336

Community Expert

Hello,

My two cents worth. As this picture will be used commercially, having such information kind of makes it useless dosen't it? It won't be able to be used in a commercial setting in a wide range of possibilities. You could clone out the message, but then, I guess, it defeats the purpose of your intention - train crashes. If this was used for editorial purposes, then yeah - it could be used in the way you were thinking. However, to submit editorial images, you have to be invited by Adobe. There is no option for general contributors.

Read this from Adobe. It might help to clarify a few things.

Stock Contributor User guide (adobe.com)

I think the BNSF would come under this.

Abambo

Community Expert

There are no logos.

By @Michael R Smith

Wrong. See here:

and here:

It was not refused on technical issues. Even that I have seen some pictures getting refused with the type of artefacts you have in your picture, it may be worth first to photoshop those logos and type sign out and to resubmit. No guarantee that this is all, however.

ABAMBO | Hard- and Software Engineer | Photographer

Michael R SmithAuthor

Participating Frequently

Thank you, ABAMBO.

I get the ADM logo. However, the plaquard is another bit of government-mandated information. That is essentially saying one must have a release to post a stop sign and I don't think that is correct.

Abambo

Community Expert

I don't think that is correct.

By @Michael R Smith

That company name is clearly an IP violation. Both, the logo and the sign, would not be, if the asset would be used as an editorial image. But we are not in an editorial situation here.

ABAMBO | Hard- and Software Engineer | Photographer

Jill_C

Community Expert

BNSF Railway is not government-owned, and it appears that the metal shed is owned and operated by them, thus they would need to provide you with a property release.

Jill C., Forum Volunteer

Michael R SmithAuthor

Participating Frequently

Thank you, Jill,

The purpose of the info on the shed is so people can get trains speeding toward the crossing stopped as quickly as possible. It is far faster than calling 9-1-1. That is exactly why the government mandated it. Yet 99% of the population is unaware that info exists. I can't believe it is a violation of intellectual property to display it.

Again, the government requires -- by law -- that information to be displayed.

Michael R SmithAuthor

Participating Frequently

I think the issue is not the content of the sign, but the company logos - "BNSF Railway", the small sign at the top of the shed, which is probably the logo of the manufacturer, and, as Abambo has pointed out, any logos or identifiers on the train cars themselves. But we're just guessing. It might be worth the effort to scrub out those logos and resubmit.

FYI: The BNSF Railway logo is below.

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