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DPChallenge Forums >> Photography Discussion >> Trademark/Licensing question...
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03/21/2006 11:16:32 AM · #1
Hey Everybody. Question. I was considering submitting some shots I took the other day for stock photos (Alamy) and I'm wondering about if there is going to be a trademark issue.

In the first two images below, when viewed at full size, you can clearly see that the kite has 'Ninja Turtle' figures on it. Some of the other shots I have are a bit safer with the kite substantially in the distance, like the third one posted here.



What do you think? Thanks.
Barry
03/21/2006 11:55:39 AM · #2
Many of the "penny stock" compnaies are far more concerned than the big guys. Go look at the site (don't remember what it is right now) that shows what is trademarked as far as photography goes. Things like the McD arches and the Ford Blue Oval are photo trade marked, most others are not. Usually if the mark or symbol is not the primary part of the pic you are ok. Places like Istock and shutterstock does not want to see any commercial signs.
03/21/2006 12:10:28 PM · #3
the response I got when I asked this question is to submit it as a licensed image, and put a statement in the exceptions box that further releases may be needed to use this photo for other than editorial purposes.

I had a photo of a kid in a spongebob shirt - managed to turn the shirt to a straight yellow shirt with a neat crop and a healing brush. maybe you could make a new design in the kite?

hope that helps.

Message edited by author 2006-03-21 12:11:01.
03/21/2006 12:18:59 PM · #4
I took another look on the Alamy site and here is the verbiage on copyrighted material. Being that the kite IS the central focus on many of the kite images I just took...hmmm.

From Alamy:
"Images which are of a logo and little else should not be uploaded to Alamy as they represent a breach of copyright.
Where a logo/trademark is incidental to an image (i.e. it's visible in the image but isn't the central focus), these images can be submitted, but must be Licenced (L). You should restrict these images for Editorial use only, as below (see the section on restrictions for guidance on how to do this)."
03/21/2006 12:20:52 PM · #5
Originally posted by digitalknight:

... maybe you could make a new design in the kite?

hope that helps.

Thanks Doug - That is helpful. Funny how the obvious can blow right past you sometimes! This is the digital age...that kite was all yellow, wasn't it? ;^)
03/21/2006 12:21:46 PM · #6
Originally posted by PhantomEWO:

Many of the "penny stock" compnaies are far more concerned than the big guys. Go look at the site (don't remember what it is right now) that shows what is trademarked as far as photography goes. Things like the McD arches and the Ford Blue Oval are photo trade marked, most others are not. Usually if the mark or symbol is not the primary part of the pic you are ok. Places like Istock and shutterstock does not want to see any commercial signs.

Thanks Don - Much appreciated.
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