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Shutterstock Photographer Forum Forum Index : General Shutterstock Submit Discussion :
Trademark/Copyright again

 
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Jelena Aloskina


Joined: 07 Jun 2012
Posts: 671

Post Posted: Fri Aug 03, 2012 4:25 pm     Reply with quote

Some of my photos with playing cards were rejected by potential copyright/trademark reason.
Photos which show cards J,Q,K
The deck is generic. I consulted with a patent specialist and his exact phrase was: generic cards design is royalty free for usage. Sic!
(a lot of companies produce card decks with the same design, even in Windows solitaire design is the same).

Now I bought special design deck of playing cards, vintage, produced between 1940 and 1950. Can I use it in photography?
(According to international convention it would be copyrighted 25 years from the first release, or 25 years after death of the author)

Or what should I do? Score on the photographing of playing cards?
hhltdave5


Joined: 20 Jun 2006
Posts: 24312
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Fri Aug 03, 2012 5:18 pm     Reply with quote

The restricted image list includes a good many playing cards. They may appear to be generic but many have a distinctive design to them. Here is how it is put in the restricted list.

United States Playing Card Company

Produces and distributes playing cards including: The BICYCLE®, BEE®, AVIATOR®, HOYLE®, CLUB SPECIAL®
The Rider Back Design, the Diamond Back Design and the Goddess of Liberty are registered trademarks of The United States Playing Card Company in the United States and other countries.
Unacceptable for commercial use.
Jelena Aloskina


Joined: 07 Jun 2012
Posts: 671

Post Posted: Sat Aug 04, 2012 1:26 am     Reply with quote

hhltdave5 wrote:
The restricted image list includes a good many playing cards. They may appear to be generic but many have a distinctive design to them. Here is how it is put in the restricted list.

United States Playing Card Company

Produces and distributes playing cards including: The BICYCLE®, BEE®, AVIATOR®, HOYLE®, CLUB SPECIAL®
The Rider Back Design, the Diamond Back Design and the Goddess of Liberty are registered trademarks of The United States Playing Card Company in the United States and other countries.
Unacceptable for commercial use.


My decks actually are generic, mass production of Parksons Games an Sports in India.
hhltdave5


Joined: 20 Jun 2006
Posts: 24312
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Sat Aug 04, 2012 7:28 am     Reply with quote

Jelena Aloskina wrote:
hhltdave5 wrote:
The restricted image list includes a good many playing cards. They may appear to be generic but many have a distinctive design to them. Here is how it is put in the restricted list.

United States Playing Card Company

Produces and distributes playing cards including: The BICYCLE®, BEE®, AVIATOR®, HOYLE®, CLUB SPECIAL®
The Rider Back Design, the Diamond Back Design and the Goddess of Liberty are registered trademarks of The United States Playing Card Company in the United States and other countries.
Unacceptable for commercial use.


My decks actually are generic, mass production of Parksons Games an Sports in India.


Without seeing the images themselves I cannot say for sure that it is just the cards. Perhaps the reviewer thought they may be one of the protected ones. You can post one of the shots that was rejected for us to look at to be sure or resubmit with a note to the reviewer explaining the type of cards they are and they are not the ones listed in the restricted list.
peteklinger


Joined: 01 Aug 2007
Posts: 1040
Location: Great Place By a Great Lake

Post Posted: Sat Aug 04, 2012 8:40 am     Reply with quote

Not sure but since SS is in the US and the item was first Copyrighted somewhere else, that 25 years won't apply. You'll need a deck from before 1923.

SS has announced that they will no longer be taking any Public Domain subjects. As in old photos that are PD from the 1800s. (don't ask me why, I found some that are just wonderful)

I don't think that playing cards fall under the same category as old photos, but it's old PD art? Stranger things have happened.

Could be as simple as, they are PD and you just need to write a note to the reviewer with evidence that they are out of protection in your country. When they look, they automatically think that most places are longer copyright terms than 25 years.
hhltdave5


Joined: 20 Jun 2006
Posts: 24312
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Fri Dec 21, 2012 7:57 pm     Reply with quote

coupons way wrote:
thanks


Boost Mobile Promo Code | WayToSavings


MOre useless spam
triceratops


Joined: 15 Nov 2006
Posts: 7934
Location: The other Nevada

Post Posted: Fri Dec 21, 2012 9:07 pm     Reply with quote

SPAM WARNING
peteklinger


Joined: 01 Aug 2007
Posts: 1040
Location: Great Place By a Great Lake

Post Posted: Sat Dec 22, 2012 2:44 am     Reply with quote

triceratops wrote:
SPAM WARNING


Still wishing there was a way to report this or the people that open accounts just to post spam!

Seems odd that there's no notification to a moderator or anything? Or am I missing something obvious?
hhltdave5


Joined: 20 Jun 2006
Posts: 24312
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Sat Dec 22, 2012 7:42 am     Reply with quote

peteklinger wrote:
triceratops wrote:
SPAM WARNING


Still wishing there was a way to report this or the people that open accounts just to post spam!

Seems odd that there's no notification to a moderator or anything? Or am I missing something obvious?


No set way to notify them. They do seem to check the forums from time to time and I have seen them remove such posts and other times it takes an email.
flamingolady


Joined: 12 Jul 2011
Posts: 44
Location: Maryland, USA

Post Posted: Sat Dec 22, 2012 2:42 pm     Reply with quote

hhltdave5 - may I ask - where is the restricted list located? do you have a link to it? (not sure if you are speaking about a SS list of a general one), I'd like to check it out if you don't mind sharing. thx
hhltdave5


Joined: 20 Jun 2006
Posts: 24312
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Sat Dec 22, 2012 3:16 pm     Reply with quote

flamingolady wrote:
hhltdave5 - may I ask - where is the restricted list located? do you have a link to it? (not sure if you are speaking about a SS list of a general one), I'd like to check it out if you don't mind sharing. thx


No problem. It is found in Shutterbuzz.

http://www.shutterstock.com/buzz/legal/stock-photo-restrictions

This is not an all inclusive list because new restricted images are always coming up but it will give you a general idea.
ruxpriencdiam


Joined: 07 May 2009
Posts: 26840
Location: Third Stone from the Sun

Post Posted: Sat Dec 22, 2012 3:23 pm     Reply with quote

And if you cant find it in the link from dave try some of these links.

COPYRIGHTS
http://submit.shutterstock.com/forum/viewtopic.php?t=124843&start=0 (wrapping paper)

http://submit.shutterstock.com/forum/viewtopic.php?t=123791&start=15 (Boots are restricted)

http://submit.shutterstock.com/forum/viewtopic.php?p=2385437&highlight=shoes#2385437

http://www.editorialphoto.com/resources/6-05_LegalNews-%20right_publicity.pdf

http://www.rcfp.org/photographers-guide-privacy

http://submit.shutterstock.com/forum/viewtopic.php?t=72887 Photo restrictions

http://submit.shutterstock.com/forum/viewtopic.php?t=110200&highlight=army+vehicles

http://submit.shutterstock.com/forum/viewtopic.php?t=72597 (COPYRIGHTS)

http://www.copyright.gov/

http://submit.shutterstock.com/forum/viewtopic.php?t=72853 (Ideas)

http://submit.shutterstock.com/forum/viewtopic.php?t=73387 (Buidings)

http://www.copyright.gov/circs/circ41.pdf (Buildings)

http://submit.shutterstock.com/forum/viewtopic.php?t=72887 (cars)

http://submit.shutterstock.com/forum/viewtopic.php?t=57357&highlight=vehicle+ford

http://submit.shutterstock.com/newsletter/145/article1.html

http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

http://submit.shutterstock.com/forum/viewtopic.php?p=1347766#1347766 (DMCA form info)

http://www.shutterstock.com/buzz/tips/protecting-your-content DMCA FORM

http://submit.shutterstock.com/forum/viewtopic.php?t=80843

http://submit.shutterstock.com/forum/viewtopic.php?t=76361

http://submit.shutterstock.com/forum/viewtopic.php?t=63537&highlight=tattoos

http://www.copyright.gov/help/faq/faq-duration.html

http://www.artquest.org.uk/articles/view/old-photographs1

http://submit.shutterstock.com/forum/viewtopic.php?t=124011

http://submit.shutterstock.com/forum/viewtopic.php?t=107047&highlight= (CAMERA)

http://submit.shutterstock.com/forum/viewtopic.php?t=102295&highlight=cameras

http://www.danheller.com/model-release-copyrights.html

http://submit.shutterstock.com/forum/viewtopic.php?t=125840&start=15

http://www.shutterstock.com/buzz/legal/stock-photo-restrictions
VincentJansen


Joined: 05 Jun 2012
Posts: 129

Post Posted: Wed Dec 26, 2012 9:25 am     Reply with quote

Hi everyone,

If you see spam please send me a PM and I will have the account and posts removed.

Thanks,

Vincent Jansen
camdoc3


Joined: 30 Jun 2006
Posts: 1553
Location: trinidadimages.com

Post Posted: Wed Dec 26, 2012 5:19 pm     Reply with quote

AMEN !
peteklinger


Joined: 01 Aug 2007
Posts: 1040
Location: Great Place By a Great Lake

Post Posted: Thu Dec 27, 2012 3:30 am     Reply with quote

camdoc3 wrote:
AMEN !


And can I have a - "Thank You Team!" Especially Vincent Jansen

If you see spam please send me a PM and I will have the account and posts removed.
 
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