Professional Documents
Culture Documents
Protect Your Content Guide Optimized
Protect Your Content Guide Optimized
Your Content:
A Guide
Contents
6 Protecting Your Content: An Introduction
55 Trademarks
What Is a Trademark? 56
Can I Submit an Image Containing a Visible Trademark to Shutterstock? 57
60 Releases
Model Releases 61
Property Releases 64
67 Editorial Images
What Is an Editorial Image? 68
Documentary Images vs. Illustrative Images 69
Documentary Images 70
Ethical Considerations for Documentary Images 71
Illustrative Images 72
Why Do You Need Credentials? 75
When Do You Need Credentials? 76
Submitting Credentials with Your Images 78
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A Quick Overview
1 Copyright 2 Trademark
Copyright gives the author(s) of a creative work the A trademark is a word, name, symbol, or device or a
exclusive right to display, reproduce, distribute, and financially combination of these things that is used to distinguish
benefit from the work they create. and identify the source of certain products or services.
Although being inspired by an idea is acceptable, it is never acceptable to Content featuring a visible trademark may not be acceptable for
copy someone elses expression of an idea. commercial use as it could potentially be used in a way which may
result in trademark infringement.
A copyright to an original work exists the moment the work is fixed in a
medium. However, registering the copyright provides several advantages. If you create or shoot content featuring a visible trademark,
consider blurring the trademark out so that the image can be
If you believe your copyright is being infringed, sending a takedown notice used commercially.
may be effective. An attorney may be able to advise you on further steps.
3 Releases 4 Editorial
A release is a legal document that releases the shooter Editorial content cannot be used to advertise or
and/or users of their content from certain legal issues. The promote a product or service. The people, objects or
most common types of releases are model and property places in editorial content are not released.
releases.
Editorial content can be used to illustrate newsworthy
If content depicts an identifiable person, you should obtain a valid and current events.
model release to use the content commercially.
Editorial content shot at events at private venues and/or
If you are shooting on private property, or shooting private property ticketed events may require credentials as these events may
which is distinctive from a public place, be sure to obtain a property have restrictions against photography.
release from an authorized representative of the property.
Protecting Your Content:
An Introduction
One of our biggest goals here at Shutterstock is to foster a
safe environment for you to license your content to third parties.
The evolution of the stock industry has been an exciting and
dynamic one, and we want to make sure that you are equipped
with the information you need to protect your content as the
digital marketplace expands.
What is original?
For a work to be considered original:
An original work,
An event such as a photograph,
depicting the event
3 RIGHT TO DISTRIBUTE
The right to distribute a work includes the
right to sell, transfer, rent or lease the work
Selling prints or posters of a photograph
Other countries may recognize some or all of these rights, or additional rights not contemplated by U.S. law.
For more information, please visit the appropriate copyright office website.
Who Owns the
Copyright When . . .?
Generally, the author of an original work owns
the copyright to such work. However, there are
several situations that affect copyright ownership.
Here are some examples:
You can find inspiration in the world around you for example, in
social media, the news, and popular cultural trends. However, you
should always avoid excessive inspiration from another persons
work. For more ideas , check out the What to Create section of
our Contributor Success guide, here. To learn more about trends
and customer requests, follow @ShutterstockReq on Twitter.
Both images encompass a similar idea, but the expressions are sufficiently different
that one would probably not be considered an infringement of the other.
Though the labels in each image convey a nautical theme, no two labels between the two
images have the same composition (differences include shape, size and fill).
Example 3: Copied elements
Here is an example of two images where one image is too closely inspired by the other.
Although these two images have a different look overall, some of the elements
(specifically, the owls in each image) are almost identical expressions to one another.
It is never acceptable to incorporate elements of another person's work into your own
work in this manner without permission.
Example 4: Copied elements
Here is an example where an image is used to create a derivative work. Only the owner
of the original image has the right to create a derivative work of the original image.
It is never permissible to create a vector or illustration using someone elses image without
their permission. This would be an unauthorized derivative of the original. The right to
create this kind of work belongs only to the copyright holder of the original work.
What Does My Copyright
Mean in Other Countries?
So, you own a copyright to your work in your country.
But what if someone in another country is using your work
without your permission?
You may be surprised to learn that other countries may recognize the
copyright to your work in your country to the same extent as the
country would recognize the copyright of their own nationals, if both
countries are signatories to the Berne Convention (an international
treaty). It is important to know that this does not mean that your
copyright is international. Rather, a signatory country will treat your
copyright ownership the same way it would under their own laws.
In order to learn more about how you can enforce your copyright
abroad, please contact your attorney.
International
Copyright Offices
(websites)
Australia Romania
ag.gov.au orda.ro
Korea Germany
mcst.go.kr bmj.de
Brazil Russia
cultura.gov.br rupto.ru
Malaysia India
myipo.gov.my copyright.gov.in
Canada Thailand
cipo.ic.gc.ca ipthailand.go.th
Mexico Indonesia
indautor.gob.mx dgip.go.id
China Turkey
ncac.gov.cn kulturturizm.gov.tr
Pakistan Italy
ipo.gov.pk librari.beniculturali.it
Philippines Japan
ipophil.gov.ph bunka.go.jp
2 4
The contributors
Shutterstock licenses royalties increase once
contributors content the contributor reaches
to customers certain levels of earnings
1
Contributor
submits content
to Shutterstock
3
Contributor receives
royalties from customers'
payments for licenses to
use contributor's
content
What Rights Am I Licensing
through Shutterstock?
Shutterstock licenses your content to customers under
a Standard license, Enhanced license or other customized
license (e.g., Premier license).
The 2 key differences between the Standard and Enhanced licenses are:
Under the Standard License, the customer can use an image 125,000
times in opt-in marketing, and 125,000 times for business cards
(or any other variation where the combined uses would not exceed
250,000 total reproductions and/or uses).
Incorporated into film, video, multimedia *Standard: intended audience under 250,000
presentations, or advertising for broadcast, public YES* YES
Enhanced: no limitation on audience size.
performance, streaming
Resell, redistribute, provide access to, share or transfer any image except as specifically provided for by license under which
the image was downloaded NO
Publicly display an image: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing
technical or written restrictions intended to prevent the use of such images by third parties NO
Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-customized "print on
demand" products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, NO
giclee prints, wallpaper, artwork and other items
Use of an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes
upon any third party's trademark or intellectual property NO
Use an Image in a way that depicts any person therein in a way that a reasonable person might find offensive - this includes, but is not
limited to the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials
for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in
advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products or services, including, but not NO
limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are
defamatory, or contain otherwise unlawful, offensive or immoral content. Use an Image containing the likeness of a person if such use
implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
Use any Image on a social media platform or other third party website that claims to acquire rights in the Image NO
Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin NO
Protecting
Your Copyright
Registering
Your Copyright
In the U.S. , copyright protection exists for
an original work once it is created in a fixed form.
You do not need to register a copyright to your work
for copyright protection, but copyright registration
does offer certain advantages.
OR
On the other hand, an unpublished work is a work that has not been
distributed by sale, transfer, rental, lease, or lending, or which is not
offered for further distribution, performance or public display.
Published
Lending a work for display in a museum exhibit
Submitting content to a stock agency for display and/or distribution
Unpublished
A work posted to a private website for personal viewing
A drawing in a personal sketchbook that has not been offered
for any other uses
A Quick Overview of Registering Your Work Online
Once you are registered for an account on eCO and log in, this is the main page you will see. In order to register your
copyrighted work or works, click on Register a New Claim under the Copyright Registration bar to the left of the page:
You will then be prompted to answer a few questions to start filling out the application.
Please note that you have the option of registering one work or multiple works.
You will then be directed to a page (regardless of whether you are registering one or multiple works) that shows all the sections
of the application on the left. You will know what page you are working on by looking at the red arrow on the left of the page.
For example, below is the first page of the application: Type of Work. Using the dropdown on the bottom of the page, you would choose
the type of work or works you are registering. The left side of the page shows a red arrow on the page Type of Work to indicate that is the
page you are working on.
After pressing Continue, the next page is Titles. Below is what the Titles page looks like if you are only registering one work.
The title of the work is entered into the box we have outlined in red, below.
If you are registering multiple works, you must create a new entry for each work, and they will appear in list format at the bottom of the page,
as indicated by the arrows below.
Once all of the pages of the application have been filled out, an application will be generated for you that looks something like the below image. Notice
that each of the sections on the left of the screen constitute different parts of the copyright application. Once you submit your copyright registration,
you will be prompted to pay for your copyright application(s).
Some Tips for
Registering Multiple
Works Electronically
Registering multiple works does not need to be time
consuming. You can save time by regularly saving batches of
work and scheduling dates to register them electronically.
For example, lets say that you decide to register your works every 4
months. During those 4 months, you can save the files of all work you
wish to register onto a folder on your computer. Be sure to save the
files in a format that meets the Copyright Offices requirements:
Two such reverse image search websites that can help you
monitor the use of your images on the internet are TinEye and
Google Image Search. Use these web sites to search for visually
similar images on the internet. Review the search results to see if
your images are being used with permission and in accordance
with any applicable licenses.
Common Types of Infringement
Here are two common ways your work could be misused online.
1 Unauthorized use by someone who has not purchased a license to use your work
The most obvious example of unauthorized use of your work is when someone uses your
watermarked image.
Some other signs that your work is being used without a license include: 1) a blur on the image
where a watermark would be; 2) a very low resolution or poor quality version of your images; and/
or 3) a version of your image which is cropped in a way to remove the watermark.
Another example of unauthorized use of your work is where another individual takes copyrightable
elements of your work, or your work in its entirety, and incorporates it into their own work without
your permission. To determine whether someone is incorporating your work into their own, look
out for your elements being copied in their entirety.
2 License misuse
License misuse is when someone has validly purchased a license to use your content, but is using
your content in a way that the license does not allow.
In order to know whether a license is being misused, make sure that you understand the licenses
offered in connection with your content.
For example, lets say that you know that you are only licensing your work through agencies which
do not allow customers to use licensed content on merchandise. If you find a website selling
merchandise featuring your content, you can easily determine that the website is likely misusing a
license purchased for your content.
Could the unauthorized
use of your image be
allowed anyways?
Even if you find that someone is using your image
without your permission, that persons use of your image
may not infringe your copyright because of a doctrine
called fair use.
A service provider is a website, internet host or service that publishes or transmits content
uploaded by users and/or customers. The Digital Millennium Copyright Act (DMCA)
protects service providers from becoming liable for the independent acts of their users.
In order for service providers to benefit from this immunity, they need to promptly take
down content after receiving notice of a claimed infringement.
If a user has posted your watermarked content to a service provider, sending a takedown
notice to that service provider should result in prompt removal of the image.
However, be aware that you must be sure that the use is unlicensed before sending a
takedown notice, and you must comply with the requirements of sending a proper
takedown notice.
Requirements for a DMCA Notice
A statement that the complaining party has a good faith belief that
5 use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law.
Please note that this is just an overview of the DMCA. You should
consult your attorney for more information. Click here for the full
text to the DMCA, which includes the references made above.
2 Non-Service Providers
Once you find contact information for the website owner, you
have several options.
If the owner of the website does not comply with your request,
your attorney can help advise you on possible next steps.
What If Someone Is Incorporating
Elements of My Work into Their
Own Work without My Permission?
1 Online Service Providers
If the work in question is being hosted by a service provider, and you believe your work is
being copied without your permission, you can send a DMCA notice to the service provider
as described here.
2 Non-Service Providers
If the work is not being hosted by a service provider for example, an element of
your work is being used by another artist online you can contact the artist directly
to seek a resolution.
If you believe elements of your work are being copied by another Shutterstock contributor
without your permission, you should first try to contact the Shutterstock contributor to
resolve the issue.
If you cannot reach a resolution with the allegedly infringing contributor, please contact
us at infringementclaims@shutterstock.com with the following information:
Information about the images you believe are original, such as the Shutterstock ID
2 number, or if they are not on Shutterstock, direct links to the images
and/or intellectual property registrations; and
Any information which leads you to believe the allegedly infringing image is copying
3 elements of your work (be sure to be specific about which elements are at issue).
You may use the date the content was first used or displayed to narrow down
possible licenses. For content on the internet, look for the approximate post date.
Or, utilize a website like WayBack Machine to determine the first date the image
was used or displayed.
From there, you should be able to narrow the list of sources which may have
issued the license to the image.
If you think the license was purchased from Shutterstock, please contact us at
compliance@shutterstock.com
We take license misuse very seriously, and will investigate whether the user
of your image is a Shutterstock customer, as well as take further action as
deemed appropriate.
In order to expedite the resolution of potential misuse, please write in with the
following information:
2 The website or location where you believe the image(s) are being misused; and
Any information you possess which leads you to believe the image was
3 purchased from Shutterstock, as opposed to from another stock
website or agency.
Please note that while we will always do what we can, the person using your image
may have not obtained your image from Shutterstock. In this case, only the agency
that licensed the image may be able to help you, since Shutterstock cannot enforce
a license given to your image by a third party.
Considerations for
Sharing Content on
Social Media Sites
Social media sites such as Facebook, Instagram,
Tumblr and Twitter have drastically changed the
way we connect with one another, and also the
way we share content.
2 media site? How do you feel about the potential for others to
display, download, and use your content without your
permission? Are you comfortable with the ways the site is allowed
to license your content to third parties?
3
preventing unauthorized use of content you post? Do you feel
comfortable about the rights you give to the social media site
under the applicable user agreement? Does the social media site
have an intellectual property policy that will help you protect your
content should unauthorized use occur?
What You Can Do To
Protect Content You Post
to Social Media Sites
Once you upload and display your content to a social media
site, you may be limited in your control over how your work is
used. With that in mind, the best time to take precautions
regarding your content is before you even share it. Here are
some suggestions:
Content
with
integrity
Confirms Confirms no
contracts have Confirms consent Reduces risk
copyright
been violated by model or based on known
ownership to the
(i.e. limitations listed on event property owner issues
underlying work ticket or software license)
Model release
Property release Restricted Image rejections
Property releases Credentials for Limits on what kind with photographer,
Reference images signed by an subjects, as listed based on
for photographs private/ticketed of image software model and witness
for vectors authorized on the Known trademark and/or
of artwork events can be used information and
signatures individual Restrictions List copyright
Trademarks
What Is a Trademark?
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.
An example of a trademark is a company logo or a design that
would be associated with a specific product or service.
So, how can you avoid trademarks in your work? If a word, name,
symbol, or device in your image brings to mind a specific product or
service, then it may be protected by trademark. If your image
contains a trademark, you must remove the trademark from the
image before you submit it for commercial use (editorial use is still
acceptable).
Not acceptable
for commercial
use because it
Not acceptable
features an Apple
for commercial
product with
use because
visible trademark
the Ferrari logo
is visible
When to Use
Trademarks as
Keywords
Trademarks should not be used as keywords for, or
in the title of, commercial images. Stick to
descriptive words about the image instead to help
customers locate your image.
Chinese Japanese
Czech Korean
Dutch Polish
English Portuguese
French Russian
German Spanish
Hungarian Turkish
Italian
Editorial use
If you do not have a model release for recognizable person
or persons in content you wish to submit for commercial use,
then you may only submit such content for editorial use,
if the content meets our editorial standards.
When Do I Need a Model Release?
You need a model release for a commercial image where the image features a recognizable
individual. Even though parts of a person may not be visible, if the person might
be recognizable (due to accessories, clothing, etc.), then a release should be obtained.
Chinese Japanese
Czech Korean
Dutch Polish
English Portuguese
French Russian
German Spanish
Hungarian Turkish
Italian
Editorial use
If you are unable to obtain a property release for content taken on
private property, then you may only submit such content for editorial
use, if the content meets our editorial standards.
When Do I Need a Property Release?
You need a property release to license an image for commercial use where the image is taken on private property,
or is taken on public property but features distinctive private property. Here are some examples of when a
property release would or would not be required.
We do not accept images for editorial use simply because they fail
to meet the criteria for commercial images. For example, we will not
automatically accept an image showing a recognizable person, but
which does not have a model release, for editorial use. Rather, an
editorial image should depict a specific subject that could be the
topic of a news story or piece of commentary.
Examples:
This is a documentary image of New York firefighters near Ground Zero on September 11,
2001. This image captures the scene at Ground Zero on this date in an accurate and truthful
matter, as the image is an unaltered and un-manipulated photograph of the scene.
Ethical Considerations for Documentary Images
Since documentary images are used to illustrate newsworthy and current events, it is important that they be faithful
depictions of the subject being illustrated. Although minor edits to enhance documentary images may be acceptable,
it is never acceptable to alter them in a way that portrays a subject dishonestly. Additionally, captions for documentary
images should always accurately describe the image.
Here are some examples of acceptable and unacceptable practices when it comes to documentary images:
Using the phrase circa in an editorial caption Using a caption which contains an incorrect date,
where the date is not known location, or description of an event or subject
Posing a subject for a portrait when the caption Staging or posing subjects in a way that would
clearly and conspicuously states that the subject mislead the viewer into thinking that the subject was
was posed captured in an unexpected or natural state
Illustrative Images
Illustrative images for editorial use are creative and/or conceptual
images that can be used to illustrate newsworthy or current events,
as well as subjects of human interest. Illustrative images must clearly
and strongly illustrate the idea behind the image. Unlike documentary
images, illustrative images may be staged.
Please note that our needs for illustrative images change according to current
events and trends, and it is important to keep this in mind when submitting
illustrative editorial images.
This is an example of an illustrative image that may be used for editorial This is an example of an illustrative editorial image for editorial use that
purposes. Although the image is not a documentation of an event, it could effectively combines several different elements to create a coherent, clear
be used to illustrate news or commentary. idea. This image does not document an event, but features a product
(a Starbucks beverage) next to an individual on a laptop.
For example, it is easy to see this image being used in an article about
Apple, Steve Jobs, or technology. This image could have many editorial uses, for example, in an article about
coffee, Starbucks, or working from home,
Additionally, this image meets Shutterstocks quality standards. The
concept of the image is strong, and the focus of the image is sharp, This image also meets Shutterstocks quality standards as the concept is
without any excessive noise, shadows, or highlights. strong, the focus of the image is clear, and there are no other quality issues
(excessive noise, shadows, or highlights) with the image.
How to Create a Strong
Concept for Illustrative
Editorial Images
The key to submitting illustrative images for editorial use is that
each image must be useful in illustrating news, current events,
or subjects of human interest. Shooting images of signs or
labels is simply not enough to convey a strong idea or concept.
For example, the idea behind this illustrative editorial image is using
Visa online. This image stages two elements a Visa credit card and
a laptop computer in a manner that coherently and clearly conveys
the idea of using a Visa credit card online.
Theatrical performance No
in a public park
Free sporting event Yes (stadiums tend to have strict rules regarding photography)
in a stadium
Event in a religious No
place of worship
Horse race Yes (race tracks tend to have strict rules regarding photography)
Submitting Credentials
with Your Images
Content requiring credentials will only be
accepted if the following credentials are provided:
OR
2 the date of the event (if not, then the date of the email);
3 your name;
5 the email must be sent from the representatives company email account.
We recognize that credentials will vary by event, and so we evaluate credentials
on a case-by-case basis. To submit images with credentials, please email
credentials@shutterstock.com prior to submitting your images or footage.
Captions and
Keywords for
Editorial Content
Proper captions and keywords are extremely
important for editorial content for two reasons:
Dateline
The dateline includes the location where the image was taken and the date the
image was taken. This is the Where and When that the image illustrates. It always
comes before the caption or description of the event.
EXAMPLE: JACKSON, NJ JUNE 16, 2008
If the exact date of the event was not known, circa could be used to indicate that
the date of the event is around the year given within the dateline.
EXAMPLE: JACKSON, NJ CIRCA JUNE 2008
Description
The dateline is followed by the caption or description of the event. This is the Who,
What and Why that the image illustrates. Explain what is going on in the image by
writing facts. If a photo depicts people, start by identifying the individual(s) in the
image and describe what they are doing. Be sure to describe the action in the active
present tense. When writing, be concise (keep the caption to under 200
characters), accurate and factual.
EXAMPLE: Singer Deborah Harry performs onstage at Six Flags
Great Adventure. This was Harry's third performance.
Glossary of Terms to Know
Term Definition
ASSIGNMENT A transfer of rights in intellectual property.
Copyright is a form of legal protection that gives the authors of a creative work the exclusive right to display, reproduce, distribute, and financially benefit from the work they create.
COPYRIGHT Any original work of authorship fixed in a tangible medium may be protected by copyright.
DERIVATIVE WORK A work based upon a preexisting work. This is an exclusive right of the copyright owner of the original work.
Editorial Use mages depict a newsworthy event or subject of human interest including: the arts, business, culture, health and fitness, lifestyle,
EDITORIAL USE social events, technology and travel. Such images are usually not appropriate for commercial use as they are not released.
FAIR USE A limited affirmative defense to the unauthorized use of copyrighted material.
INDEMNIFICATION The guarantee of compensation or repayment for loss or damages arising out of the breach of a contractual obligation, warranty, or representation.
LICENSE An agreement where a licensor gives permission to a licensee to certain rights under specified conditions contained within the license.
LICENSOR A person or entity who grants a license of certain rights to another party.
MODEL RELEASE Documents permission to use an image which features a recognizable person for the purposes stated in the release.
PROPERTY RELEASE Documents permission to use an image which features a recognizable property or which is taken on private property for the purposes stated in the release.
PUBLIC DOMAIN Works in the public domain are free from intellectual property rights and thus can be reproduced, distributed, edited, modified, or incorporated into a new work without authorization.
Unlike Rights Managed (RMsee below), RF licenses have very few restrictions. These images can be used multiple times by the same customer without additional fees. RF images are not given on an
ROYALTY FREE (RF) exclusive basis and are typically less expensive than RM. These licenses can be very popular because they are easier for a customer to understand and maintain. Shutterstock specializes in RF licenses.
One of the original types of licenses, an RM license grants permission to use an image for a one-time specified use. However, if the customer needs the same image again,
RIGHTS MANAGED (RM) they must pay an additional fee. Sometimes RM images are licensed on an exclusive basis to prevent others from using the same images
TRADEMARK Any word, name, symbol, sound, or color that distinguishes goods and services from those manufactured or sold by others and to indicate the source of the goods.
Resources
Resources- U.S.
Copyright Office:
http://www.copyright.gov
Digital Millennium Copyright Act:
http://www.copyright.gov/title17/92chap5.html#512
Fair Use:
http://www.copyright.gov/fls/fl102.html
Public Domain:
http://copyright.cornell.edu/resources/publicdomain.cfm
U.S. Trademark Office:
http://www.uspto.gov/trademarks/
Resources International
Copyright Offices
Australia ag.gov.au
Brazil cultura.gov.br
Canada cipo.ic.gc.ca
China ncac.gov.cn
Czech Republic mkcr.cz
France culturecommunication.gouv.fr
Germany bmj.de
India copyright.gov.in
Indonesia dgip.go.id
Italy librari.beniculturali.it
Japan bunka.go.jp
Korea mcst.go.kr
Malaysia myipo.gov.my
Mexico Indautor.gob.mx
Pakistan ipo.gov.pk
Philippines ipophil.gov.ph
Romania orda.ro
Russia rupto.ru
Thailand ipthailand.go.th
Turkey kulturturizm.gov.tr
Ukraine uacrr.kiev.ua
United Kingdom ipo.gov.uk
Useful Licenses
Creative Commons:
http://creativecommons.org
Shutterstocks Standard License:
www.shutterstock.com/language.en/licensing.mhtml?type=standard&hsb=1
Shutterstock Enhanced License:
http://www.shutterstock.com/licensing.mhtml?type=enhanced&hsb=1
Shutterstock Releases
Shutterstock releases:
http://submit.shutterstock.com/legal
Acceptable foreign language releases:
http://www.shutterstock.com/buzz/acceptable-foreign-language-releases