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Shutterstock Photographer Forum Forum Index : General Shutterstock Submit Discussion :
Editorial picture rejected for trademark

 
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bertos


Joined: 22 Oct 2009
Posts: 4

Post Posted: Wed Jul 11, 2012 2:18 am     Reply with quote

I submitted this picture as an Editorial


thumb.jpg
 Description:
Trademark--Contains potential trademark or copyright infringement.
 Filesize:  3.59 KB
 Viewed:  423 Time(s)

thumb.jpg


hhltdave5


Joined: 20 Jun 2006
Posts: 24090
Location: Our Stock, Food & Portrait photography books at www.rindersmithphotography.com

Post Posted: Wed Jul 11, 2012 6:50 am     Reply with quote

Just because you submit something as editorial does not mean it will be accepted on an editorial basis. It still must follow Shutterstock's rule of it being Newsworthy. If it is not then it will be rejected. What is the newsworthy aspect of this shot and was it shown in the description?

Usually the reviewer will give more detail in the reason for an editorial rejection. Is what you put exactly what the rejection reason was?

I like your port, very creative and well done.
bertos


Joined: 22 Oct 2009
Posts: 4

Post Posted: Wed Jul 11, 2012 8:02 am     Reply with quote

I am sorry, I badly speak on English. I write with the dictionary =)

In the reason for rejection is written : "Trademark - Contains potential trademark or copyright infringement."

In the description specified that it
Сaricature, of the Albert Einstein.

Specified that it editorial.

Examples of similar caricatures http://www.shutterstock.com/cat.mhtml?lang=en&search_source=search_form&version=llv1&anyorall=all&safesearch=1&searchterm=caricature+politics&search_group=&orient=&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&commercial_ok=editorial&color=&show_color_wheel=1
darla


Joined: 29 Apr 2006
Posts: 891

Post Posted: Wed Jul 11, 2012 8:14 am     Reply with quote

Einstein's estate protects his image fiercely. You can't use it in an illustration, even as editorial, without a property release, and they are expensive.

Editorial use is almost always photographs of current events. Such images are used to illustrate news stories.

If someone just found out something new about Einstein's life, and wrote an article about it, they would want to include a picture of him, and that would be Editorial use. BUT, they wouldn't want a cartoon drawing of him, they would want a photo of the man himself, or possibly a realistic drawing.

Editorial usage is not just a way around copyrights.
 
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