Intellectual property (IP) is a category of property that includes creations of the human intellect and creativity. There are many types of intellectual property, and some countries recognize it more than others. When contributing content to Shutterstock you must have proven IP ownership of all content that is submitted and what is depicted. Below you will find information about different types of intellectual property and how to manage your content submissions.
Trademarks
A trademark is a word, name, symbol, or device - or a combination of these things - that is used to distinguish and identify the source of certain products or services. Company logos, brand names, product names, slogans, and other symbols that identify with a brand are all examples of trademarks.
Top left: Image 2189347423 by Ken Wolter;
Top right: Image 1790890514 by Nattawit Khomsanit
Bottom left: Image 1890800134 by Vladimka production;
Bottom right: Image 600000098 by Kyli Petersen
Commercial Content:
Photographs, videos, vectors, illustrations, and animations, as well as the titles and keywords associated with them, cannot contain trademarks.
NOTE: Aerial videos with trademarks are reviewed on a case-by-case basis (e.g., an aerial cityscape shot with logos on buildings). If it is found that no single trademark is a primary focus of the shot, the content may be accepted. However, titles and keywords can never include trademarks, and any trademarks on the Known Restrictions list will always be rejected.
Content or metadata that violates these rules will be rejected for Visible Trademark or Title/Keyword Trademark, respectively.
Editorial Content:
Documentary Editorial: Generally acceptable when depicted in editorial content and/or found in titles or keywords.
Illustrative Editorial: Generally acceptable when found on products, when used as elements within a concept, or when referenced in titles or keywords. However, trademarks on simple backgrounds such as black, white, color, pattern, or texture backgrounds will be rejected for Non-Licensable Content.
Editorial Illustrations, Editorial Vectors, and Editorial Animations: Trademarks are prohibited and will be rejected for Non-Licensable Content.
Note that some trademarks are strictly prohibited and will always be rejected for Non-Licensable Content.
See the Known Restrictions: Trademarks and Other Intellectual Property list for information on restricted trademarks.
Copyright
Copyright is a type of intellectual property that protects an original work from the moment the work is fixed in a medium. Copyright gives the author(s) of a creative work the exclusive right to display, reproduce, distribute, and financially benefit from the work they create. Artwork, published materials and media, and exterior architectural designs are all examples of works that are protected by copyright.
Traditional Artwork
Paintings, murals, graffiti, drawings, sketches, photographic prints, tattoos, and blueprints
Commercial Content: A valid property release is required. As a rule, content submitted without a valid property release will be rejected for Intellectual Property. Note that some artwork is prohibited and will not be accepted even when a property release is provided.
NOTE: Aerial videos with traditional artwork are reviewed on a case-by-case basis (e.g., an aerial cityscape shot with visible graffiti and murals). If no single piece of art is a primary focus, the content may be accepted. However, artwork on the Known Restrictions list will always be rejected.
Editorial Content: Generally acceptable when the artwork is not the only subject matter depicted in the content. With the exception of photographic prints, isolated artwork or artwork that takes up a large portion of the content’s frame will be rejected for Non-Licensable Content.
Top left: Image 2162414897 by Stacy Valter; Top right: Image 288424445 by Oleg Golovnev
Bottom left: Image 1322494454 by Roman Nerud; Bottom right: Image 30238261 by KUCO
Stained glass
Commercial Content: A valid property release is required when the artwork is isolated or takes up a large portion of the content’s frame. As a rule, content submitted without a valid property release will be rejected for Intellectual Property.
Editorial Content: Generally acceptable.
Top left: Image 1350207785 by Nina Alizada; Top right: Image 1403988905 by veteranu
Bottom left: Image 1364396699 by Turkey Photo; Bottom right: Image 259936433 by JaysonPhotography
Sculptures, statues, and monuments
Commercial Content: A valid property release is required in most cases. As a rule, content submitted without a valid property release will be rejected for Intellectual Property. Note that some artwork is prohibited and will not be accepted even when a property release is provided.
Editorial Content: Generally acceptable. However, prohibited artwork that is found on the Known Restrictions: Artwork list will be rejected as Non-Licensable Content.
Top left: Image 1056592496 by Chris Allan; Top right: Image 2064050228 by paparazzza
Bottom left: Image 2080956634 by Konstantin Yolshin; Bottom right: Image 2013184766 by Vinnikava Viktoryia
Temporary artwork
Sand sculptures, chalk drawings, sand mandalas, ice sculptures, henna/hand-painted/airbrushed tattoos, face paintings, theatrical makeup, nail art, and food art.
Commercial Content: Generally acceptable without a property release.
Editorial Content: Generally acceptable.
Top left: Image 635716877 by Jillian Cain Photography; Top right: Image 2237762045 by Zahra shafiq
Bottom left: Image 501559378 by yonikamoto; Bottom right: Image 1629668923 by Nastyaofly.
Postage Stamp Artwork
Commercial Content: Isolated stamps, stamps that take up a large portion of the content’s frame, and prohibited stamps found on the Known Restriction list will be rejected for Intellectual Property.
Editorial Content: Generally acceptable when a postmark/cancellation mark is covering a portion of the stamp's artwork. Stamps without postmarks/cancellation marks will be rejected for Anti-Counterfeiting. Prohibited stamps found on the Known Restrictions: Artwork list will be rejected as Non-Licensable Content.
Top left: Image 255320764 by alexmillos; Top right: Image 350506880 by Anneka
Bottom left: Image 117673258 by rook76; Bottom right: Image 175875065 by rook76
Currency Artwork
Commercial Content: Generally acceptable. However, currency that is found on the Known Restrictions list will be rejected for Intellectual Property.
Editorial Content: Generally acceptable.
NOTE: Currency may also be rejected to prevent counterfeiting.
Top left: Image 1268756404 by Pla2na; Top right: Image 2212213543 by Makhh
Bottom left: Image 269177081 by Wael Khalill alfuzai; Bottom right: Image 2076669241 by Maksym Kapliuk
Exterior Architectural Designs
Exteriors of buildings, bridges, viaducts, jetties, and other architecturally designed structures.
Commercial Content: Generally acceptable without a property release. However, architectural designs that are found on the Known Restrictions list will be rejected for Intellectual Property if the structure takes up a large portion of the frame and is submitted without a valid property release or the architecture is prohibited.
Editorial Content: Generally acceptable. However, prohibited architectural designs that are found on the Known Restrictions: Architectural Designs and Private Land list will be rejected for Non-Licensable Content.
Top left: Image 2201656705 by Mohammed younos; Top right: Image 1888460134 by PIXEL of the PEOPLE
Bottom left: Image 2119383497 by Georgios Tsichlis; Bottom right: Image 725106037 by Daniel Jedzura
Published Materials & Media
Literary Works, Sheet Music, and Music Lyrics.
Commercial Content: As a rule, a valid property release is required. Content submitted without a valid property release will be rejected for Intellectual Property.
Editorial Content: Generally acceptable.
Maps & Globes
Commercial Content: Generally acceptable. However, a valid property release may be required if a map or globe has a recognizable feature such as a visible key or legend. As a rule, recognizable maps/globes submitted without a valid property release will be rejected for Intellectual Property.
Editorial Content: Generally acceptable. However, prohibited maps and globes that are found on the Known Restrictions: Trademarks and Other Intellectual Property list will be rejected for Non-Licensable Content.
Media Franchise Fictional Characters and/or Designs
Representations of characters and designs from films, works of literature, television programs, video games, etc.
Commercial Content:
Media franchise fictional characters and designs will be rejected for Intellectual Property.
Titles and/or keywords that contain the name of a media franchise or the names of media franchise fictional characters will be rejected for Title/Keyword Trademark.
Editorial Content:
Documentary Editorial and Illustrative Editorial: Generally acceptable. However, prohibited fictional characters/designs that are found on the Known Restrictions: Trademarks and Other Intellectual Property list will be rejected for Non-Licensable Content.
Editorial Illustrations, Editorial Vectors, and Editorial Animations: Media franchise fictional characters and designs are prohibited and will be rejected for Non-Licensable Content.
Content Displayed on Screens
Actual television shows, movies, video games, operating systems, web browsers, phone apps, etc., displayed on screens (e.g., television screens, movie screens, video game console screens, computer monitor screens, mobile phone screens, etc.).
Commercial Content: As a rule, the Intellectual Property rejection reason will be used when actual content is displayed on a screen.
Editorial Content: Generally acceptable. However, third-party content associated with a licensing market (e.g., news broadcasts, TV shows, movies, video games, etc.) will be rejected for Non-Licensable Content when featured as the primary subject.
See the Known Restrictions: Trademarks and Other Intellectual Property list for information on restricted published materials and media.
Top left: Image 2159255601 by Wirestock Creators; Top right: Image 603244172 by VladKK
Middle left: Image 2239255807 by Nigita; Middle right: Image 491923099 by small1
Bottom center: Image 563919100 by PK Studio
Trade Dress & Design Patent
The appearance or physical design of manufactured products such as electronic devices, vehicles, clothing, shoes, handbags, jewelry, furniture, wallpaper, rugs, trophies/awards, generic toys, costumes, holiday decor, 3D printed objects, and other miscellaneous items.
Commercial Content: The visual appearance or physical design of manufactured products is generally acceptable. However, products found on the Known Restrictions: Trademarks and Other Intellectual Property list will be rejected for Intellectual Property.
NOTE: If a product’s design incorporates trademarks or other types of intellectual property, the content will be rejected for those reasons.
Editorial Content: The visual appearance or physical design of manufactured products is generally acceptable. However, prohibited products found on the Known Restrictions list will be rejected as Non-Licensable Content.
See the Known Restrictions: Trademarks and Other Intellectual Property list for information on restricted products.
Top left: Image 2111445179 by Andrii Medvednikov; Top right: Image 179232398 by focal point
Bottom left: Image 1899377164 by muse studio; Bottom right: Image 235901110 by iravgustin
Rights of Publicity
Public figures such as celebrities, politicians, musicians, and religious leaders.
Commercial Content:
Public figures who lived and died prior to 1930 are generally acceptable. However, if there is a restriction on a particular individual, the content will be rejected for Intellectual Property.
Titles, keywords, and content can contain the names of public figures that existed up until 1930.
A public figure that died after 1930 or is currently living will be rejected for Intellectual Property.
Titles, keywords, and content cannot contain the names of public figures that existed after 1930 and will be rejected for Title/Keyword Trademark or Intellectual Property, unless:
The name is used to describe an original illustration, vector, or animation that was created in the style of a post-1930 artist. For example, "Corgi puppy pop art illustration created in the style of Andy Warhol."
The person’s name is included in the name of a public holiday. For example, Martin Luther King Jr. Day.
Editorial Content:
Documentary Editorial & Illustrative Editorial: Pre and Post-1930 public figures are generally acceptable. However, if there is a restriction on a particular individual, the content will be rejected for Non-Licensable Content.
Editorial Illustrations, Editorial Vectors, and Editorial Animations:
Depictions of pre-1930 public figures are generally acceptable. However, if there is a restriction on a particular individual, the content will be rejected for Non-Licensable Content.
Depictions of post-1930 public figures will be rejected for Non-Licensable Content.
See the Known Image Restrictions list for information on restricted public figures.
Top left: Image 561669964 by delcarmat; Top right: Image 1275051610 by rath ruangaram
Bottom left: Image 222548995 by Tomacco; Bottom right: Image 1386750896 by molcaycartoon
This article is an invaluable resource for anyone looking to expand their knowledge of Intellectual Property, including trademark, copyright, and other related areas. Please note that the information presented in this article is not intended to be a comprehensive understanding of all applicable IP issues.
It is crucial to be aware of the various intellectual property rights that may be applicable whenever you create or submit content. However, it is essential to note that the information contained in this article is subject to change as new developments arise in Intellectual Property law. As such, it is important to conduct your own due diligence and research to ensure that you stay up to date on all relevant IP issues.
Shutterstock reserves the right to reject content, for any reason, even in situations where a valid property release has been provided for intellectual property that is depicted in content.
If you would like to report a potential intellectual property issue or lodge a trademark complaint, please visit the Trademark Complaint form.