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Getty Sued For $1 Billion For Selling Publicly Donated Photos (thestack.com) 216

An anonymous reader writes: Online stock media library Getty Images is facing a $1 billion lawsuit from an American photographer for illegally selling copyright for thousands of photos. The Seattle-based company has been sued by documentary photographer Carol Highsmith for 'gross misuse', after it sold more than 18,000 of her photos despite having already donated them for public use. Highsmith's photos which were sold via Getty Images had been available for free via the Library of Congress. Getty has now been accused of selling unauthorized licenses of the images, not crediting the author, and for also sending threatening warnings and fines to those who had used the pictures without paying for the falsely imposed copyright.ArsTechnica has more details.
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Getty Sued For $1 Billion For Selling Publicly Donated Photos

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  • by Anonymous Coward on Thursday July 28, 2016 @11:02AM (#52599781)

    Glad to see a copyright troll getting what it deserves.

    • Re: (Score:3, Interesting)

      by pete6677 ( 681676 )

      Not like anything will actually happen to them.

      • by OverlordQ ( 264228 ) on Thursday July 28, 2016 @11:24AM (#52599977) Journal

        She's only asking for like $400M, but a previous lawsuit allows treble damages for any further suits against Getty. Sooooooooo.

    • Has historically little to do with the artists. We have trials recorded from a couple hundred years ago where companies buying copyrights (often artists were required to transfer ownership just to publish a book) wanted extended duration for Copyright and increases in penalties. Meanwhile, the artists giving up the copyright were left broke and their families received nothing from their works.

      IMHO a long ago fix would have been to remove the ability of Copyright ownership by a company and make them to peo

      • The intent of Copyright Has historically little to do with the artists.

        Your statement reflects a common-sense but inaccurate understanding of the word "artists" in this context.

        "Artist" is short for "Con artist", who tricks creators of cultural artifacts into surrendering their copyrights for pennies and then tricks users of those cultural artifacts into paying to access them. See also "rent seeker", "grifter" and "bridge seller".

      • I have been trying to promote that as idea for years. I see no reason corporations should be allowed to own copyrights. They shouldn't be allowed to force licensing in perpetuity either.

        • by tepples ( 727027 )

          Ownership by the individual or individuals credited as the film's producer or producers and an exclusive license to a corporation for the life of the copyright would have exactly the same practical effect as a corporate owner. Or if you plan to abolish "work made for hire" entirely, even if the person doing the hiring is an individual, who would own copyright in a motion picture with a cast and crew of hundreds?

          • by arth1 ( 260657 )

            Ownership by the individual or individuals credited as the film's producer or producers and an exclusive license to a corporation for the life of the copyright would have exactly the same practical effect as a corporate owner.

            Perpetual licenses seems a very bad idea in the first place. I see no reason why they shouldn't have to be renegotiated yearly, by law, so if something becomes a success, the actual owner gets a bigger share.

            Or if you plan to abolish "work made for hire" entirely, even if the person doing the hiring is an individual, who would own copyright in a motion picture with a cast and crew of hundreds?

            I think one should be able to abolish "work made for hire after the fact", i.e. that only something made while in employ and on company time can be considered property of a company.

    • by Revek ( 133289 )

      They are the ones who a clearly at fault. They are a repeat offender. As a repeat offender the amount is in line with the law. Getty shouldn't have claimed that which they do not own. Think of how much revenue they have collected over the years while infringing on this ladies copyright. The whole system is corrupt and broken and this may shed light on it. More likely it will cause a change in the law where companies such a Getty will receive immunity for their thefts.

  • by UnknowingFool ( 672806 ) on Thursday July 28, 2016 @11:09AM (#52599847)
    Ironically the photographer found out when LCS threatened her with copyright infringement unless she paid $120 after she used one of her own photos. Getty does not acknowledge their relationship with LCS however LCS uses the same address as Getty's corporate office. I would suspect LCS is their enforcement subsidiary so that they don't get negative press.
    • by locofungus ( 179280 ) on Thursday July 28, 2016 @11:39AM (#52600123)

      Even more fun, in their original letter to her they said:

                      97. The Letter went on to state as follows: "Although this infringement might have
      been unintentional, use of an image without a valid license is considered copyright infringement
      in violation of the Copyright Act, Title 17, United States Code. This copyright law
      entitles Alamy to seek compensation for any license infringement."

                    104. In the "Frequently Asked Questions" section of the Letter, the answer to the
      question "What if I didn't know?" includes the following language: "You may have employed a
      third party, former worker or intern to design and develop your company's site. However, the
      liability of any infringement ultimately falls on the company (the end user) who hired that party,
      employee or intern." The answer to the question "What if I simply remove the image?"Â
      includes the following language: "While we appreciate the effort of removing the material in
      question from your site, we still need compensation. Your company has benefited by using our
      imagery without our permission. As the unauthorized use has already occurred, payment for that
      benefit is necessary."

      Hoist by their own petard.

  • Getty screwed up (Score:5, Interesting)

    by MAXOMENOS ( 9802 ) <mike@mikesmYEATS ... n.com minus poet> on Thursday July 28, 2016 @11:15AM (#52599891) Homepage

    If you dig around a bit, you'll see that the artist did not make her photos public domain [pdnonline.com]. She licensed them to the Library of Congress and gave a permissive license for anyone else to use them --- presumably including to sell them --- as long as users give notification that the these are the photographer's work. Nonetheless, she retains copyright. This is basically a BSD-style license. Getty is not only suing her for using her own copyrighted work, but is also not informing customers that they're her work, in violation of the license. She's suing to preserve the terms of her license.

    • Re:Getty screwed up (Score:5, Informative)

      by Jhon ( 241832 ) on Thursday July 28, 2016 @11:30AM (#52600043) Homepage Journal

      You should write article summaries for /.

      Seriously.

    • by Holi ( 250190 )
      Maybe you should dig harder. Instead of going to random sites, get your info from the source.

      "Publication and other forms of distribution: Ms. Highsmith has stipulated that her photographs are in the public domain. (See P&P Collection Files.) Photographs of sculpture or other works of art may be restricted by the copyright of the artist."
      https://www.loc.gov/rr/print/r... [loc.gov]

      According to the LoC her work is very much in the public domain.
      • by cdrudge ( 68377 )

        The actual license paperwork that was attached as Exhibit B [imgur.com] to the court filing may not have actually put it in the public domain. Parts are similar, but there also were restrictions (single-use, attribution requirements) that in my IANAL opinion prevent it from actually being in the public domain.

  • by Overzeetop ( 214511 ) on Thursday July 28, 2016 @11:24AM (#52599979) Journal

    As someone who has been on the wrong end of a letter from Getty's lawyers concerning a set of images which were bought (on a CD) with the impression that they were already properly licensed, I hope she wins every fucking penny.

    • So wait... you bought a CD of images from Getty, and they told you to fuck off and stop using them?
      • by UnknowingFool ( 672806 ) on Thursday July 28, 2016 @11:54AM (#52600257)
        Depends on the situation. From what I understand the OP bought a CD of images thinking that the purchase of said CD was a license. The OP then used the images. For the sake of argument, Getty owned the images and not the CD seller, Getty can sue the OP for infringement; however, they cannot sue for willful infringement as the OP in good faith believed he or she properly licensed the image. Any amount that Getty collected from the OP, the OP can then sue the CD seller. However all this takes time in court to resolve. A court however probably would not have fined the OP much and would have been okay with the OP merely removing the images. Again it may be a long legal hassle should Getty chose to pursue. Of course, Getty could be dicks about it the whole time.
        • Exactly. In fact, it was my web site creator who bought (several) commercial/shrink-wrapped CDs of "royalty free" images to use. It was 5-6 years before I got the letter asking for ~$2200 in fees for 3-4 images. Turns out royalty free simply means that a fee is not due for every single impression, but the images required a license for each image to be used.

          Going to court would have cost me in the $10k-30k range, presuming I would win. Of course, the developer didn't even have all of the CDs any more, and th

  • I always thought the purpose of Stock media was a way to provide pictures/music/video to the public for them to use for free. Is that not their purpose?
    • More of a subscription license to whatever copyrighted images they have. Basically one stop shopping for licensed works to use in your print or web publications.

    • They're not free. When you buy a CD (or DVD) of stock photos, the fee you paid for the CD or DVD includs licensing rights for you to use those photos commercially.

      That's the way it used to work. The web changed all that by cutting out the middleman so to speak. You didn't need to buy an entire DVD full of images 99.9% of which you'd never use. You could go to the website of a stock photos company and license only the photos you wanted to use. Getty is one of those companies.

      I'm more curious how G
      • Re:Stock media (Score:4, Interesting)

        by omnichad ( 1198475 ) on Thursday July 28, 2016 @12:56PM (#52600855) Homepage

        I'm more curious how Getty ended up thinking they owned the copyright on those images.

        I assume it went something like this:
        1) Scrape all freely shared images from LoC, assuming they're public domain.
        2) Sell licenses to access their copy of the photos without mentioning that the images were freely available elsewhere
        3) "Accidentally" include these images in the index they provide to their copyright enforcement arm.

  • by Solandri ( 704621 ) on Thursday July 28, 2016 @11:54AM (#52600263)
    The music industry set the bar at $22,500 per violation [npr.org] ($675,000 for 30 works) for an individual violating copyright without a profit motive. $1 billion for 18,000 works is only $55,555 per violation, which is relative to the Tenenbaum case is not unreasonable when you consider this is commercial copyright violation. Her lawyers are actually being nice by "only" asking for $1 billion. Copyright law allows her to sue for up to $150,000 per violation, which would be a cool $2.7 billion.

    In other words, if she gets less than $22,500 * 18,000 = $405 million out of this, there's been a gross miscarriage of justice either in her case or the Tenenbaum cause. Unlike filesharing, what Getty Images did is precisely the sort of thing copyright law was made to prohibit - profiting off the work of others.
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      Unfortunately, for the rich and powerful -- to paraphrase the head of the FBI -- no reasonable judge would find them to be infringing. :-\

    • by arth1 ( 260657 )

      Copyright law allows her to sue for up to $150,000 per violation, which would be a cool $2.7 billion.

      Far more than that. 18,000 is the number of images they appropriated.

      Now add $150,000 for every time they've sold "rights" to one of those images, either individually, or in any and all catalogs they might have been in.

  • Getty and NASA? (Score:4, Interesting)

    by Anonymous Coward on Thursday July 28, 2016 @12:34PM (#52600679)

    Getty now sells NASA on-orbit and other spaceflight images. These images are available through NASA, already bought and paid for with tax dollars. How Getty sells any of them at lower res than NASA supplies for $500+ is beyond comprehension.

  • I am not sure she has standing anymore.
    The idea we see here, that she licensed her work to the LoC, does not seem to be accurate. According to the LoC it seems that she has relinquished her rights and intentionally placed her works in the public domain. This would mean that the works can be used for any purpose, commercial or private, without her having any say. This does not excuse the false copyright claim but it would also remove any standing she would have had.

    From the LoC site.
    "Publication and o
    • by cdrudge ( 68377 )

      It's going to depend on interpretation of Exhibit B [imgur.com] that is mentioned in the original complaint. I'd think that it would trump the LoC webpage if the LoC can't produce a superseding agreement regarding the copyrights. It does say that the Highsmith "dedicate to the public all rights, including copyrights throughout the world". I'm not sure if "dedicate" legally means the same as putting it in the public domain or otherwise relinquishing the copyrights. It also includes restrictions for single-copy reprod

  • Disney have been doing this for years with public domain and other content and getting away with it using their army of lawyers crush their opponents. Their stolen works, which will get them suing you including Rudyard Kipling, Robert Louis Stephenson, Winnie the Poo and even European fairy tales that are hundred of years old.

  • by Cederic ( 9623 ) on Thursday July 28, 2016 @05:46PM (#52603071) Journal

    I get away without having to deal with all this hassle by being such a shit photographer that nobody tries to sell my photos.

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