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Copyright or trademark infringement

 
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kellythorson


Joined: 22 Sep 2011
Posts: 700
Location: Canada

Post Posted: Mon Apr 23, 2012 7:53 pm     Reply with quote

Both of these files were rejected for copyright. I have other images with the same chicken basket and teapot in. Is there any harm in submitting them and hoping for a little less zealous reviewer?


ruxpriencdiam


Joined: 07 May 2009
Posts: 26315
Location: Third Stone from the Sun

Post Posted: Mon Apr 23, 2012 8:12 pm     Reply with quote

Copyright/trademarks are getting tougher every day.

Wait till a later date and retry but also add a note so you dont get a warning.
greenfield54


Joined: 21 Jun 2009
Posts: 2620
Location: Philippines

Post Posted: Mon Apr 23, 2012 9:20 pm     Reply with quote

The review process being subjective, I would wait and resubmit at another time.
robhainer


Joined: 03 May 2010
Posts: 2774
Location: Dallas, GA, USA

Post Posted: Mon Apr 23, 2012 10:25 pm     Reply with quote

I could maybe see the chicken basket, because you could argue that it's maybe art. But not the teapot. I don't get it. It's like trademarking a fork or a plate in food photo, unless maybe its the writing on the wall paper? I dunno what's going on there.
chinchoi


Joined: 26 Apr 2010
Posts: 984
Location: Kuala Lumpur, MY or birdyfoto.blogspot.com

Post Posted: Mon Apr 23, 2012 10:42 pm     Reply with quote

chicken shape basket is quiet unique, the owner might file for copyright if some big company using this image.

as for the teapot, you might search at 100% view of the whole image for potential patents/logo/wordings.
kellythorson


Joined: 22 Sep 2011
Posts: 700
Location: Canada

Post Posted: Mon Apr 23, 2012 10:55 pm     Reply with quote

The chicken basket was bought in a warehouse and was made overseas, the tea pot was a homemade gift from my husband's cousin. Do either of those statements strengthen or weaken the case? Is it something to add as a note to the reviewer. I'm sure I could get a release from the cousin, but it would be a hassle and likely not worth it as she lives in another province - I guess I could email her the release, but would it be worth it?

Barry, what would the note say?

I can understand how they could be rejected for copyright, it's just tough to understand the rules, I imagine it's even tougher for the reviewer, because they likely hold some responsibility for images that cause trouble.
rudyumans


Joined: 19 Aug 2008
Posts: 10638
Location: www.businesshelpforyou.org www.rudyumans.com

Post Posted: Tue Apr 24, 2012 1:38 pm     Reply with quote

I would resubmit the chicken with a note that it is a generic chicken, bought at a discount store and is of unknown origin.

With the teapot, the problem might be in the backdrop. It has what looks like writing on it and some other things.

The is also a large manufacturer who makes pottery with the same or very similar glazing technique and design. Unfortunately I can't think of their name right now. I know they've been around since the sixties
greenfield54


Joined: 21 Jun 2009
Posts: 2620
Location: Philippines

Post Posted: Tue Apr 24, 2012 8:58 pm     Reply with quote

Just to give you an idea, one of my medals was accepted but the other two rejected. All in a span of about 2-3 weeks.


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kellythorson


Joined: 22 Sep 2011
Posts: 700
Location: Canada

Post Posted: Thu May 03, 2012 4:28 pm     Reply with quote

Well I resubmitted them and got them both approved! :)
I suspect a note to the reviewer is probably a good idea if anything might be seen as suspect.
 
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