Getty's Gonna Get Ya!

With the rise of the internet, came the rise of 'borrowing' images from other sites. Then came sites that actually sold images. Getty Images were the first to gain a world wide reputation in this field but also one of the most expensive to deal with. Due to this many people simply stole images they liked in the hope that being caught was almost impossible. That all changed last Wednesday when I arrived back at work from an excellent weeks skiing down south.

In my inbox, was an email from a client who had just been sent a bill for $2900 from Getty Images. This was for using a small part of two images that were no bigger then 150 pixels high by 300 pixels wide. Getty Images were charging $1450 per image used as settlement and demanding that if the client wanted to continue using the images they would have to seek a new license on top of these charges. I did some digging and yes those images did look suspiciously like the images that Getty Images were claiming copyright infringement on. Even though they were tiny and only a fraction of the actual image was used.

So as you do these days, I dived into the internet to see what was going on out there in regards to this. It turns out that Getty Images have a program that trawls through websites, downloads the images then compares these with its image database Any matches that come up get billed $1000 USD per image that appears on a secondary page and more if it's a home page image, regardless of how small it is. They call this a 'settlement' fee and recommend you pay it to avoid an escalating legal situation (whatever that is).

This also includes images that have been used by companies that create website templates and have them for sale. You think they are copyright cleared, but unless Getty Images have evidence of YOU paying a license fee, then they're gonna get you too. And as a warning, they don't go through the commonly perceived process of cease and desist. They just send you a bill out of the blue.

So what to do? Well first of all I would go and take a look at your website and ask yourself this. Did I take that image or pay for that image? If no, then I would suggest you get rid of that image today or you could be in for a not so nice surprise.

The good news however is since those bad old days, new online companies have arrived bringing you a massive selection of stock footage at prices you can afford. Check out istockphoto.com and others that start at around $2 NZD per image depending on what size you need. It's good karma to pay for images you use as someone had to actually take them. It's even better to have your own images shot for you so this kind of situation is avoided. And as a bonus, you will be the only one with those images

Cheers Gareth
gareth@netmaestro.co.nz

Feedback

re: Getty's Gonna Get Ya!
Ben
I wish I have such a software to compare the images. It seems to be common that people easily take a image and use on there commercial site. Few of my blog friends had their image stolen, one was national museum used image for brochure (Germany). He's good, gather all the evidence and take it to the lower and get settlement fee + licensee fee. Others still strangling and this case it is Virgin Media used the image without any notification and license. Point is that even such a sophisticated image compare software, there is a lots of eyes in communities/connections/friend watching that pointed that "I saw this image somewhere...." So I agree, be careful, don't borrow any image unless they say it's OK in writing. http://www.nelsondailyphoto.com

re: Getty's Gonna Get Ya!
Gareth
Hi Ben! I didn't know you were a photographer (and an old school muso by the looks of your blog). I see you have just upgraded your PC, looks good, would look better if it had an apple on it ;-) Thanks for commenting. I have just had an email from another client stating they have gone and removed all 'borrowed' images from their website. He had a staff member hell bent on sticking them up there even after saying no. When stealing from big companies we don't often think about the person they actually represent who could be someone just like you. Doing it for love but would like money for it to fund the activity! Great pics on your site by the way. Cheers Gareth

re: Getty's Gonna Get Ya!
Al Twohill
Hey matey, Interesting you've mentioned this - we actually had this happen to one of our websites! We took the image down immediately and told 'Getty sorry, we didn't realise', but Getty still demanded payment. I got in touch with my lawyer friend about this and he said we're safe in NZ as long as we didn't knowingly copy the image and we remove it as soon as we're notified it is copyrighted. Getty have no right to claim for damages as we didn't actually damage them in any way. When we explained this to Getty they couldn't get it through their thick heads that NZ isn't actually part of the US and isn't governed by US law so we gave up and ignored them. They continued to demand payments (of varying and decreasing amounts!!) so my lawyer had this to say: "I would simply write back and advise them that you have been advised that there is no liability in this case; and you will not correspond further. In fact the nature of their correspondence is of some concern to me and I consider that their continued correspondence may be a breach of the Crimes Act in attempting to obtain pecuniary advantage by deception. Certainly if they did issue proceedings in NZ, I think there is enough of a question, also taking into account the background of their approach to make a Judge think twice to the extent that you might even successfully be able to obtain a damages award against Getty Images; although of course enforcement would be a problem since NZ judgments aren’t enforceable in the USA and vice versa." We haven't heard anything back from them for a while now :)

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