Red Alert! These images were rejected due to elevated risk of Trademark Infringement.

As we discuss in the legal section of our Road Atlas for Photographers, a trademark is “a word, phrase, symbol or design, or a combination thereof that identifies and distinguishes the source of the goods/product.”  Some examples are the Nike “Swoosh” and the Rolls Royce symbol, or as you can see, the Rubik cube and Chupa Chups wrapper .  In order to infringe a trademark or a service mark, a photograph has to be used in a way that creates confusion about the source of the goods or services depicted or implies endorsement or association.  So you see, in itself, a photo doesn’t infringe a trademark.  It is the use of the photo which can infringe the trademark.

Determining which images could infringe trademarks isn’t an easy three step process.  It is a complex matter involving laws, image uses, intentions and levels of risk.  From this big “grey area,” a stock agency must determine a policy for their photographers.  The result is comparable to the ratings that appear in U.S. airports which use 5 different colors to reflect the possibility and gravity of a terrorist attack.  The color posted is a prediction made by the government, after analyzing information collected from many different sources.  It is no guarantee that there will be an attack on a “Red” (severe risk) day or that there won’t be an attack on a “Green” (low risk) day.

Stock agencies have a similar, daunting mission as they determine risk of trademark infringement.  Hypothetically, any image which includes a trademark could be used in a way that infringes the trademark or could be used legitimately. 

Some, notably the microstock agencies, opt for a very cautious approach for very obvious reasons.  They treat any appearance of a trademark as a “Red” level threat, and simply reject all such images.  This might be an appropriate decision for microstock because generally they have little or no contact at all with their clients and awareness or control of how the clients use their images.

age fotostock is a much more traditional stock agency that keeps a constant and open personal dialogue with photographers and clients. Every image received is reviewed by professional experts that evaluate the level of risk of trademark infringement by considering how easily an image could be misused by a client and how serious a misuse would be.  The images posted above were evaluated as “Red” level risks because they show the trademark/logo as the primary subject of the photograph.  A client might still use the image legitimately, but there is a greater chance that if they use an image showing just the “Chupa chups” candy, people might think that the client is being endorsed or sponsored by the Chupa Chups Company.  Please avoid sending us “Red” level images, such as the ones above, which show a trademark as the primary subject with no further context.
 
Below you can see examples of “Green” level (lower risk) images on our website in which trademarks do appear, but within a larger context, not as the subject of the image.  For example, images of store sales might show a number of brand names (trademarks), but they illustrate concepts such as economic activity, recovery or growth.  It is less likely that the image would be used out of context by a client, and the client would have to make an extra effort to do so, by zooming in on the trademark to remove it from its context or such.

Please note, that just like the Green terror alert ranking, the lowest level of trademark risk is “low risk,” not “no risk.”  When possible, eliminate risk completely by not showing logos and trademarks or removing them from the photographs. This will help you avoid receiving a letter from a lawyer some future day...

Being a photographer is about visual experimentation and imagination. Imagination should separate your photography from the rest of the crowd. If your images are very similar to those from thousands of shooters, their market value will be lower than images in a microstock subscription model…  Photography only has three tools to make your images of landscapes, cathedrals, people, animals or objects look different from the rest. They are: your lens and equipment, your style and your imagination.  Wildlife photographer, Anup Shah, used imagination to make these standout animal shots.

The images are a breath of fresh air or maybe better put, a breath of fresh hyena. The wide angle view, the ground level perspective and the extreme proximity of the camera to the subject show us African wildlife as it is hard to see from a safari van (if you don´t want to risk your life). Ok, he may have used a beetle-cam of some sort to take them, but using imagination to have an unusual perspective is what differentiates one photographer from another or better still, differentiates an image from another. The compositions of the images we show here, a small selection of the great work he sent, using a stretching elephant trunk or high-stepping wildebeast legs to frame the rest of the shot, are daring and accomplished.  A final mark of Shah´s professionality can be read in the image description which includes the common and latin name for the animal, as well as the specific location of the shot.  

So the question remains, when you take your camera out on the street or into the wilderness to take photos, how much imagination do you put in your photography? How much effort do you put in your shots to make your images personal and different?  You might not be a wildlife photographer, but you should also experiment with different lens, styles, angles, perspectives and compositions.  Will your image surprise or bore a client or photo editor?  The market is full of dull, repetitive images, it craves new and surprising shots.

People say that your photographs should "tell a story” or at least express an idea.  But frequently our clients will be choosing your photos to match their own "story," be it an article on the health benefits of pomegranate or the bank’s Happily Ever After story of a young couple that saved for retirement. For example, see how we tell this story of Joy using the images of age fotostock photographers. Is your photo among them?

If you liked that story and would like to see another or if you’re still looking for one of your photos, take a look at Hope and Chaos below…

The junkmail lesson of the day: No matter what you sell, sell it with a smile!

Many photographers take photos of people, but not too many make the images with a market use in mind. Yes, taking pictures of people is great and if the models are professionals, all the better, because usually they know better than the photographer what to wear, what expressions to make, in what context their images will fit and above all, they know how to smile… But do stock photographers know these things as well? To be honest I would not swear on it.

Let’s analyze some interesting spam ads that I received during last week. This one of the family is a great shot, although the background cleaning to accommodate the text was done pretty drastically. The family is natural looking with what looks like natural smiles. Also, the styling is consistent and looks appropriate for the surroundings.

And what about this couple? Again, a really big happy smile just like one on your first date. A nice blurred background, good styling with ordinary clothing and a great couple become a picture that can be done easily at home on an overcast day if you have a good window with natural light. It’s difficult to see the setting, but that doesn’t matter, because you only want the atmosphere the happy smile is creating. Again, there is negative diffused space, created by the graphic designer, but certainly an image with great dynamics that makes one tempted to call eHarmony without delay!

Medicine and chronic diseases, like diabetes, require regular control and thank God that today almost every chronic disease, from hypertension and asthma to diabetes has devices to monitor these conditions from home. The models here show that good control of their illness boosts their self-esteem and makes them confident in the future, hence the smile. The photo was shot from slightly below in order to give the models a predominant position, and well-lit from behind with great reflector in front to open up the foreground. Nothing to complain about.    

Some people don’t need a ton of cash to live; they only need enough to raise the family. Here is a picture that says it all. The negative space was artificially created with a brush of blue but the mother and kid do the job beautifully with a great smile. Sounds familiar? Nice neutral clothing and a very affectionate hug help emphasize the idea that she does need time to take care of her children. And all revolves around a natural smile.

The vendors that used these images had a clear idea in mind and looked for images that fit their idea. The images were carefully selected to match their products or services; in other words, they were looking for images that expressed the sentiments they needed to “wrap” their product around. They were not looking aimlessly, but were searching for very specific images. Those images are not that difficult to do, you just need to stop puttering around and start thinking about what you are going to produce next. Are you producing a product that the market will be able to use?

Hello photographers!  Are you lounging seaside with your favourite model, sipping a deliciously cold and beaded glass of the local brew?  Or is it more like watermelon clean-up and sprinkler duty with the shrieking pack of neighbourhood kids?  (Your Johnny dearest might be among them, but they seem straight out of the Lord of the Flies!)

Well, wake up from your fantasy or nightmare, and get back to work!  A stock photographer should take advantage of the summer months to prepare images for the upcoming season.  And after the slow sale summer months, it’s a good idea to provide a fresh supply of relevant images right as the season kicks off.  One such topic which can be easily produced by almost any photographer is The Return to School.

Come August, September and October, children and youth of all ages will be returning to their nurseries, day-cares, schools, and universities… and we need photos for this moment.  The images can run the gamut from quite realistic to utterly creative and artistic.  No matter your level of originality, the images should reflect your style, and you should keep in mind the following 6 tips.

1. Styling - As we mentioned in an earlier post (styling) it´s important to use a wardrobe which is not just specific to summertime.  You can make the images less season-specific by incorporating clothing like jeans, jackets, sweatshirts, etc into some of the images.

2. More Styling - Alternating styles to include both classic and trendy/extreme clothing will open your possibilities of creating images that will meet both an immediate vs. long-term and trendsetting vs. conservative demand.

3. Coming and Going – Show children going to school, walking, biking, in a bus or a car, hand in hand with big bro/sis.  Try to capture details like the hands being held, the backpack being carried and different perspectives like a frontal shot of the child arriving and a shot from behind or the side.

4. Study Time – Show children and youth studying in different environments such as: the classroom, the library and at home.  The children should use schoolbooks and notebooks, as well as tools such as laptops, calculators, etc.

5. Social Time – For many, this is the best part of school (for others, the only part!) so be sure to take photos of kids interacting with each other at school, in outdoor areas, and at home.  Show them talking, laughing, smiling, walking and studying together.  Add textbooks or a laptop to some of the shots, and change nicer, more formal clothing for a more relaxed, casual look.

6. School Stuff – When you´re tired of keeping the kiddies under control, take a break and photograph common school materials such as books, computers, backpacks, notebooks, pens & pencils.  Warning! There are many boring studio shots of these materials!!  Please have mercy on your photo-editors and send in creative and evocative images of school materials by using lighting, composition, selective focus and more to create an original image.