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Rudy Umans

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Posts posted by Rudy Umans

    Is restaurant food copyrighted?

    in Contributor Experience

    Posted

    1 hour ago, oleschwander said:

    If a famous restaurant has a recognizible  'signature' dish, it should be submitted as editorial imo.

     

    1 hour ago, Sharkshock said:

    better that way...otherwise you risk attracting the attention of an IP attorney. 

    Might be better to avoid a fruitless attempt of intimidation, but only the written (!) recipe for that "signature dish" is copyrighted.

    If you do get a notice, send it to me. That attorney gets one right back with an invoice for wasting my time.

    wouldn't be the first time I send a cease and desist notice to an attorney (never for myself fortunately)

    3

    Is restaurant food copyrighted?

    in Contributor Experience

    Posted

    On 4/20/2020 at 5:41 PM, jean-francois me said:

    Food might be protected, but from SS standpoint would not, since even if Art, it would be considered temporary art and SS does not require these as editorial.  Of course, they will not protect you should you get sued.

     

    However the name of the dish could be protected.

    Restaurant food (meal) is not copyright protected period.  Tangible menus are copyright protected and so are written recipes, but the food on your plate is considered an idea, a concept and that cannot be copyright protected. 

     

     Disclaimer: not legal advice I just answered pertaining my understanding of US law. Your opinion and SS law (policy) might vary.

    2

    Is restaurant food copyrighted?

    in Contributor Experience

    Posted

    If they are considered a art work depends on who you ask. The chef might say yes. The customer with heartburn might disagree

    All kidding aside, I assume your question is about copyright and  as far as the USA is concerned, the short answer is No they are not. Copyright laws state that only things recorded on some sort of medium are copyright protected and food on your plate does not fall under that category.

    It gets trickier if a picture of the food is on the menu since menus do fall under US copyright protection laws. So, as a rule of thumb, personally I would not use a picture of your restaurant food for commercial use if they have a menu with pictures like Denny's or many Chinese restaurants. It might be Okay if your food you take a picture of is significantly different than what the menu shows (which is almost always as far as Denny's is concerned lol), but I would prefer to stay on the safe side.

     

     

    Disclaimer: not legal advice I just answered pertaining my understanding of US law. Your opinion and SS law (policy) might vary

    2

    The most ABSURD rejections you encounter

    in Contributor Experience

    Posted

    Quote

    You did not get the irony, sometimes indeed hard to come through in writing. I was trying to say that when a photo is subpar for whatever reason (in this case composition), it is not uncommon to see rejection for noise, focus, or whatever. Sometimes rejection reasons are not to be taken literally in my experience. It may be not an ideal scenario, but this is just the way it is. Experienced contributors know that and just fly over it without too much thought. Sometimes you just resubmit as is, sometimes you fix the photo a bit and resubmit, other times you just forget about it and proceed to the next photo. Going aggressively and confrontationally after the reviewer, as OP did, is not really a useful nor reasonable reaction.

    You're right I did not get the irony. Although I could have known better 😀

    Over the years I have seen a lot of random rejections and rejection flavors of the month. (i've been here since 2008)

    1

    The most ABSURD rejections you encounter

    in Contributor Experience

    Posted

    20 minutes ago, Mehdi Kasumov said:

    I have decided not to post anything about rejections on this forum for the time being:

    two reasons:

    too much aggression from fellows hobbyist-photographers - very unprofessional and unfriendly

    too many teachers ( sometimes good - sometimes bad)

    and most importantly - there is no solution other than read the reason -> correct the photo - and resubmit, resubmit, resubmit.

     

    That's why I asked permission from the OP first and my thoughts were not directly related to the rejection reason and that would make  unsolicited advice  unwarranted in my book

    and even though there might not be a solution for the image in question, I think that most advise has good intentions and is posted to prevent or minimize future issues.

    A side effect is that (maybe not so much for the OP), many people that come here and who might not be as proficient in the technical aspects of photography or design learn a lot from these threads. I know that because many posted about that in the past.

    So, and although I generally agree with you, there is an upside to all of this

     

    2

    The most ABSURD rejections you encounter

    in Contributor Experience

    Posted

    26 minutes ago, Ackab Photography said:

    I fully agree. I believe that if there is no noise it should be actually rejected for focus the next time ;)

    Focus can be fixed too most of the time nowadays. (Topaz sharpen AI is truly amazing) Composition on the other hand......makes or breaks an image . That technical stuff is secondary (i.e. when focus/DoF is not part of the actual composition like in this case)

    0

    how competent are the people who check images ?

    in Contributor Experience

    Posted

    14 hours ago, Roxane 134 said:

    Zulu is the native language of the South African black people who reside mainly in Kwazulu Natal....where I come from in Cape Town, the main African black language is isiXhosa or just simply Xhosa ;) hope that helped out?! and yes it is the most widely spoken African language in SA ....next comes Xhosa

    That sure helps. Nothing better than the source. Thank you. Never heard of Xhosa. Now I have to look that up.  I always understood that Zulu is spoken in most south western African countries, Swahili more north western, and in the east more European languages ( 😪 )in addition to the native languages

    1

    how competent are the people who check images ?

    in Contributor Experience

    Posted

    5 minutes ago, igor.kramar.shots said:

    Me too. It is a nice phonetic language and moreover automatic translations from Esperanto into national languages are very accurate. I've heard of Swahili language already but I hear about Zulu for the first time.

    I believe that Zulu is more spoken on the African Continent south of the Sahara than any other African language. Not sure about that though

    1

    how competent are the people who check images ?

    in Contributor Experience

    Posted

    46 minutes ago, igor.kramar.shots said:

    Sorry Rudy but we're not a detective to find out why the headline is written in English and the description in Russian. The purpose of this forum is to help a people and not to defame them. If you needed to write it, you could send a PM and not discuss it publicly here. Personally, I have no problem translating any text.

     I have a different opinion in this case. Not all cases and usually I really don't care what language is used. After being on these forums since 2008, I have seen it all. (Don't look at my number of posts)

    You don't ask a friend for a ride and then tell that friend you don't like his car and demands that he goes out and rents a Mercedes (Who is really arrogant here? The friend that gives a ride or the person that needs a ride and is demanding about it?

    I am not a detective either and I didn't try to find out why. I just think it's one way or the other.  Don't start to translate a complain post and then half way say f*** it.  I have no sympathy for that. Sorry

    1

    how competent are the people who check images ?

    in Contributor Experience

    Posted

    2 hours ago, geogif said:

    That's right, and that's why I write (mostly) in English, although I don't know the language. 
    But sometimes I also write in German. If, for whatever reason, I would like an answer from a German contributor 
    The arrogance in the answer of @Rudy Umans is to inform the OP that there are translation apps. Rudy could have used the app himself, if he was interested.  But that is probably too much effort for an English-speaking person. 

    Translated with www.DeepL.com/Translator (free version)

    A few things:

    • The Op comes here to complain about something and he/she wants answers, so nobody should have to go out of his/her way to accommodate anybody in his/her complaint. That task is on them. Simple
    • The title is in English and if the OP doesn't speak any English he/she must have used a translator for that and using a translator for half of the post and not for the other half is being lazy and if he/she wants sympathy, he/she shouldn't be lazy. That's all I was pointing out.
    • If He/she only wanted answers in his/her own language, the whole post, including the title, should have been in that language.
    • The fact that you take the time to translate your posts is great and respectful. If i think other people should follow your example is arrogant? hmmm.... interesting
    • All those answers in different languages. What is this? Are we 14 again? Back in High school?
    • Talking about high school, FYI, I am Dutch and had German in high school. I could read and understand your German post. English is my second language
    • I think I know why you wrote what you wrote. My psychic abilities are coming back (you know what I am talking about)
    • I actually answered the OP. Did you or did you just post to call me names?

     

            

    3

    how competent are the people who check images ?

    in Contributor Experience

    Posted

    Ah.. the infamous auto-trace rejection. That used to be a very popular rejection reason for about anything you can think of a number of years ago.  (before Low commercial Value, before sharpness, then noise, and now similars.)

    I don't know what your post says. Is that Russian? If it is, I happen to know that the University of Moscow developed about 20 years ago one of the best translation app on the planet. (this is true, I am not making it up. The UN was using it. At least, at the time they were. Don't know about now) Try it. I believe it is called translate.ru

    Anyway, I would just resubmit.

    1

    Question about keywords

    in Contributor Experience

    Posted

    3 hours ago, Erich Karnberger said:

    I once used the word Cola in the description and got a rejection for trademark. !! It would be ok if I had written Pepsi or Coke which are brand names but Cola !!

    Next time they will reject the word Orange juice for being a trademark 😆

     

    c

    The reviewer made a mistake. The single word "Cola" is not trademarked by anybody. It is a type of soft drink, not a brand. (unlike "Coca-Cola", which is trademarked)

    1

    Question about keywords

    in Contributor Experience

    Posted

    1 hour ago, Cem Selvi said:

    Once i used jetski both in description and kewword, it rejected. then i used only in keyword, rejected again than i used "personal water craft" it accepted.

    "Jet Ski" is trademarked by Kawasaki. People use it as a generic term, but it is not. Just like Kleenex for tissues for example and so many others

    2
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