Editorial on Shutterstock

I came up with an idea for an illustration based on the Olympic logo and thought after checking that it would be ok as an editorial on shutterstock.. I figured it would pass as i had found other images of the logo (which is copyright/tradmark protected) on SS.

Graphic Leftovers stated very quickly after i emailed them that such an image would be ok if it was very abstract (which mine wasn't.) So i just submitted it to SS and DT where i have previously found Olympic non-abstract images.

It was approved on DT but rejected at SS on the grounds that "Trademark--Contains potential trademark or copyright infringement--not editorial."



© Photographer: Devonsun | Agency: Dreamstime.com

I emailed Shutterstock support over a week ago to get clarification on the matter but i haven't had a reply from them yet:

"Need some clarification on a recent rejection reason please. File ID: *******
Understood copyright aspects so submitted for editorial after finding similar
images on SS:
http://www.shutterstock.com/pic-44659942.html
http://www.shutterstock.com/pic-40801201.html

But "Contains potential trademark or copyright infringement--not editorial." was the refusal reason.
Is there a difference between illustrations and photographs when it comes to
acceptance for editorial?

Thanks. David"

Based on the reply from SS i may make "Olympic Construction" exclusive to DT. In any event i think i will have to contact SS again to get an answer.

Reply from Shutterstock

Well it took them a while to get back to me regarding my question about the Olympic Rings illustration and why it was rejected.
Seems my initial thoughts were correct and well, read for yourself in their reply:

"Hello David,

Yes there is a difference. The Olympic Rings you cited in the images below are actual newsworthy editorial shots of the Olympic Rings taken by submitters.

Your Olympic Ring illustration you submitted would not be considered true editorial as you created them yourself and it is certainly prohibited from being licensed for royalty free commercial use.

For more information you may see the following forum post:
http://submit.shutterstock.com/forum/viewtopic.php?t=76361"

Actually, after reading (again) that post they mention, it doesn't really give a clear indication of their policy on such matters. All it says is "All Olympic logos and torches are trademarked designs. Unacceptable for commercial use."
It doesn't say "it's ok if you take a photo for editorial but not if you make it up from scratch" which would have been more helpful. But hey ho.. never mind. Dreamstime approved that image and now have it exclusively.