Well, yes, except it's still fraud to threaten someone with a copyright
infringement action, when a you don't own the copyright, and don't
actually represent the owner of the copyright, and even worse when said
image is in the public domain and you cannot own the copyright. Which
Getty has been caught doing. Which was what John and I were
discussing. For the earlier part of the thread your statement is indeed
correct, unless Getty is claiming copyright on something they don't own.
You should have replied to an earlier post to avoid confusion.
On 9/25/2016 4:43 PM, Darren Addy wrote:
Sorry to be the bearer of bad news, but: In short, your client is screwed
for using an image they simply took off of the internet. As any lawyer (and
particularly a lawyer who is a photographer) knows, U.S. Copyright exists
at the moment of image creation. Getty uses sophisticated software to
search for images being used. They have more resources than your client to
keep this going and make their life hell. The truth is that companies like
Getty make far more money off of infringement than they do from legal
licensing, these days. The only thing (probably) left to negotiate is the
AMOUNT of the infringement. If the image was NOT actually registered with
the U.S. Copyright office, your liability is less. If your client (or
whoever they got the image from) cropped OFF a watermark or copyright area,
their liability under law is far higher. The only thing you are doing now
is trying to negotiate for the lowest possible settlement without going to
court (which would not be in your client's best interests because they
would LOSE). They are probably looking at 4 figures.
On Sun, Sep 25, 2016 at 1:19 PM, John <sesso...@earthlink.net> wrote:
I agree.
On 9/23/2016 11:25 PM, P.J. Alling wrote:
I believe that goes beyond copyright infringement, that's actual fraud.
On 9/23/2016 11:21 PM, John wrote:
Getty has a bad habit of claiming public domain images and demanding
payment for their use.
On 9/23/2016 2:36 PM, Daniel J. Matyola wrote:
Travel agent client maintains a website and newsletter featuring
vacation
travel venues. Client makes every effort to use only public domain
images.
Client received a letter from Getty Images, claiming a particular image
used by client was a rights managed image controlled by Getty.
The image in question was no longer on the website,, but still
appeared on
a FaceBook account. Client immediately removed it.
The Getty letter states that removal of the image will not resolve the
matter, and demands a monetary settlement for past usage.
Has anyone handled this sort of claim, with Getty or another stock
agency?
Will they accepts an apology and an agreement to take reasonable
steps to
prevent future inadvertent infringement in lieu of payment?
Dan Matyola
http://www.pentaxphotogallery.com/danieljmatyola
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