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Shutterstock Photographer Forum Forum Index : General Shutterstock Submit Discussion :
Shutterstock Property Release Policy
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veinglory


Joined: 23 Feb 2005
Posts: 1243

Post Posted: Mon Nov 15, 2010 4:43 pm     Reply with quote

It seems SS required me to grant me the right to use my art for every picture submitted. They also require a "third party" witness to a contract with only one party. If you figure out how this is meant to be done be sure to let me know. I haven't submitted since this become an ironclad requirement as I haven't the faintest notion how it is meant to be done.
vatikaki


Joined: 28 Jan 2008
Posts: 471
Location: www.sldigi.com

Post Posted: Thu Nov 25, 2010 3:07 pm     Reply with quote

USA is only a small part of the world, but unfortunately it is full of money-hungry and mostly corrupt lawyers. The rest of the world is not that hung-up, and SS should honestly widen the general knowledge of the reviewers to know when an image is from a country where copyright or trademark is not an issue.

Yes, the stock industry is not a happy snappy business any more, but I would like to see it be more professional. If I spend the time and money to capture professional high quality stock images of structures that I know 100% for sure does not have copyright or trademark issues, I don't want to hear someone 'erred on the side of caution'. Thats just wrong, and not professional imo.
biketourist


Joined: 31 Mar 2006
Posts: 172
Location: Central California

Post Posted: Sat Jan 29, 2011 7:15 am     Reply with quote

A very typical situation:

An airplane parked on the ramp. Visible, are the craft's N-numbers, those FAA issued numbers visible on the fuselage. Also apparent, is the logo on the cowling which shows the plane's make and model.

In days of yore, no real problem. Today, the insidious, creeping paranoia of property release rears its ugly head.

Question: From whom to obtain the property release.

The airplane's owner?

The airplane's manufacturer?

Both?

Suppose the logos and numbers are cloned out. Then the actual distinctive shape and form of this particular design represent a unique object. You can't really submit this image as editorial, even though the usage will probably be editorial, because it will not be considered "newsworthy".

Forgive my pessimism, but these situations are really becoming shots in the dark absent some really fair and consistent guidelines. Easier to ask for, I know, than to produce.
scotrus96


Joined: 25 Jul 2008
Posts: 9469
Location: always on the right track to desirable destination

Post Posted: Fri Feb 18, 2011 4:14 pm     Reply with quote

Just now 6 images were rejectd for that reason.
Hope it will help to protect our own drawings, art, etc., - intellectual property from stealing.
When you know what to do and for what, does not hurt to do. Right?

Actually some sites already doing the same thing. They require to make a little copy of your works and paste in Property release... OOps!
Not bad idea for identification.
korat


Joined: 24 Jun 2010
Posts: 2

Post Posted: Mon Feb 21, 2011 5:00 am     Reply with quote

Hi,
I'm new on SS and I'm an illustrator. I'm going to submit my watercolors and I know I need a property release but I'm not sure how to fill in the form.
On the right I read:
Property Owner-Name: My name
Title: this is title of what? Of the artwork? Of the Owner?
I'm italian and fill in forms in english is not easy for me.
Thank for the help,
Carla
alenah


Joined: 25 Feb 2011
Posts: 64
Location: Czech Republic

Post Posted: Mon Mar 14, 2011 11:10 am     Reply with quote

hi, I am new here, and I am a bit confused ..
so I thought someone here could perhaps clear that up for me ..

a few of my submitted images were not approved - saying "artwork requires a property release", - but - all of them were just simple illustrations of simple objects (hand-drawn or oil/watercolor painted apple, poppy, glass - drawn/painted by heart - from my imagination .. ) (pls. see the attached image, since I have already deleted those rejected images from my account)
Did I misunderstood of overlooked something, regarding property release?
I know what property release is (and what it is for) - but - do not quite understand how/why this applies to a hand drawn illustraion of apple, glass, poppy etc.
I may have misuderstood something, but at the moment I am a bit confused .. I was asking the support, and got the information that I really need property release for my illustrations. Does anybody have such an experience too?
Thanks, sorry, new here.
Greetings a.



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apotterdd


Joined: 10 Apr 2009
Posts: 6996
Location: Trying to get my latinum back from Quark

Post Posted: Mon Mar 14, 2011 11:13 am     Reply with quote

Any artwork you create yourself (like what you described) requires a property release no matter how simple you think it is. This covers you from anyone potentially saying that it's there work and not your own eventhough you know it's your work. It saves you and SS the headache of your word against whomever may dispute that it's your work.
alenah


Joined: 25 Feb 2011
Posts: 64
Location: Czech Republic

Post Posted: Tue Mar 15, 2011 6:19 am     Reply with quote

.. ok, I see, thanks.
But - in that case - what am I supposed to fill in (in the ´property release´ form)? In my illustrations I am not ´copying´/depicting any existing property - so - what (in that case) is the ´property´ in fact? Is it the apple/glass/poppy that I had in my mind while drawing/painting? Does that make sense? Or - is it the illustration itsef? So - the ´Description of property´ should be filled in like ´illustration of apple´? Is that right?
Or - is there some other ´property release´ form (for illustrators?), that I missed or overlooked?
Thanks,
sorry for such silly questions,
looks like my English is not that good to clearly understand all legal terms/rules ..
a.
peteklinger


Joined: 01 Aug 2007
Posts: 1027
Location: Great Place By a Great Lake

Post Posted: Mon Apr 25, 2011 5:30 pm     Reply with quote

jeffbanke wrote:
tarasart wrote:
I've submitted my family's 19th century photos, which were rejected because of 'no property release'.

How can make it in a proper way? I've never made it before, and what kind of proof must I apply?

A photo of me or my ID near that dozen of photocards, or a printed SS logo with a current date among them? : )

p.s. sorry for bad English, if anything is wrong )


Old images (photos) are the copyright of the photographer who took them, and in the US then pass on to his/her heirs for a period of 75 years after their death. So if these images are indeed 19th century, 1800's, it means that it is unlikely that the photographer is still alive, but it may yet not be 75 years since their death.


That's not correct.

The terms are not 75 years from death for things that were once copyrighted in the 1800's. In fact they are all Public Domain now. (USA) Before 1923 is all PD, which makes it easy to figure out that the 1800s are also PD. :)

http://copyright.cornell.edu/resources/publicdomain.cfm

That doesn't mean SS will take them or not ask for a release, because they still do and have, but legally, they are free of restrictions in any court.
aroas


Joined: 02 Feb 2009
Posts: 134
Location: Peru

Post Posted: Thu Jun 16, 2011 1:09 pm     Reply with quote

i have the same problem with my drawing, some of them have drawn directly in the computer with my wacom pen, and reviewer not accept the illustration because i don't put the original sketch in the property release, BUT, i write a note, telling that my eps is the original sketch, i think i have to redraw it on a white page only for the property release!
this is a waste of time...

1973kla wrote:
This property release is now asked also for my vector sketched images (they are hand drawn by me).... I don't understand how it works... should it be attached to the original jpg scan used to trace vector or should it be alone? The owner of the image am I... Should I compile Owner's space with MY data? This sound quite absurd to me....

I have alrealdy granted that I am the copyright holder of my images when I accepted the legal advices joining a stock agency ! ...


Well...Ok....the last question : should I compile this annoying thing for EVERY single sketch image or a single Release is good for different ones, considering that I am always the drawing's author ?

Thanks for every answer !

(Sorry for bad macaroni English... )

C.
aroas


Joined: 02 Feb 2009
Posts: 134
Location: Peru

Post Posted: Thu Jun 16, 2011 1:23 pm     Reply with quote

another thing i don't understand is why if i upload a property release, and the image is accepted (I tried 3 times, and finally get accepted), in the space where it says Release information: N/A *it look like i don't upload any release, but i did!
take a look>
http://www.shutterstock.com/cat.mhtml?gallery_id=333682&safesearch=1&images_per_page=100&thumb_size=small&prev_sort_method=popular&sort_method=newest&page=1#id=79173382

This is only one example, i have more illustrations like that!


aroas wrote:
i have the same problem with my drawing, some of them have drawn directly in the computer with my wacom pen, and reviewer not accept the illustration because i don't put the original sketch in the property release, BUT, i write a note, telling that my eps is the original sketch, i think i have to redraw it on a white page only for the property release!
this is a waste of time...

1973kla wrote:
This property release is now asked also for my vector sketched images (they are hand drawn by me).... I don't understand how it works... should it be attached to the original jpg scan used to trace vector or should it be alone? The owner of the image am I... Should I compile Owner's space with MY data? This sound quite absurd to me....

I have alrealdy granted that I am the copyright holder of my images when I accepted the legal advices joining a stock agency ! ...


Well...Ok....the last question : should I compile this annoying thing for EVERY single sketch image or a single Release is good for different ones, considering that I am always the drawing's author ?

Thanks for every answer !

(Sorry for bad macaroni English... )

C.
tomreichner


Joined: 02 Aug 2010
Posts: 28

Post Posted: Thu Jun 16, 2011 6:52 pm     Reply with quote

peteklinger wrote:
jeffbanke wrote:
tarasart wrote:
I've submitted my family's 19th century photos, which were rejected because of 'no property release'.

How can make it in a proper way? I've never made it before, and what kind of proof must I apply?

A photo of me or my ID near that dozen of photocards, or a printed SS logo with a current date among them? : )

p.s. sorry for bad English, if anything is wrong )


Old images (photos) are the copyright of the photographer who took them, and in the US then pass on to his/her heirs for a period of 75 years after their death. So if these images are indeed 19th century, 1800's, it means that it is unlikely that the photographer is still alive, but it may yet not be 75 years since their death.


That's not correct.

The terms are not 75 years from death for things that were once copyrighted in the 1800's. In fact they are all Public Domain now. (USA) Before 1923 is all PD, which makes it easy to figure out that the 1800s are also PD. :)

http://copyright.cornell.edu/resources/publicdomain.cfm

That doesn't mean SS will take them or not ask for a release, because they still do and have, but legally, they are free of restrictions in any court.


Unfortunately, it doesn't look like these images are acceptable. I quote SS rules:

Every photo you upload must be yours! Do not upload public domain images, public domain vectors, or anything that you yourself didn't create or photograph.
dllphotography


Joined: 17 Jun 2008
Posts: 138

Post Posted: Tue Jul 12, 2011 5:40 pm     Reply with quote

For landmarks and monuments who in the heck would you get to sign the release?
jvirgie


Joined: 05 Oct 2011
Posts: 1

Post Posted: Wed Oct 05, 2011 7:45 pm     Reply with quote

dllphotography wrote:
For landmarks and monuments who in the heck would you get to sign the release?


Exactly! I have skyline shots and cityscapes that I would like to upload but do not have, nor do I know how to get signed property releases. In a skyline photograph, are you expected to have a property release for every single building or structure in the shot? If you have a shot of the White House or any national monument, are you expected to get a property release from every single tax payer?
forumguru


Joined: 28 Sep 2011
Posts: 367

Post Posted: Thu Oct 06, 2011 5:43 pm     Reply with quote

Thanks for your feedback.

If you have questions about which landmarks and/or locations would need property releases, take a look at our list of known image Known Image Restrictions.
http://buzz.shutterstock.com/legal/stock-photo-restrictions

If you still have questions about the photo policies of a particular landmark or location, you can contact the owner and/or manager of that location and they should be able to give you more detailed information.

You can also find more information about this policy here:
http://buzz.shutterstock.com/shutterstock-property-release-policy
 
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