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Photographer Suing Getty Images for $1B

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Re: Photographer Suing Getty Images for $1B

#111

Looking at the actual legal filing[0] it seems that the relevant section is 35: 35. Since approximately 1988, Ms. Highsmith has made her photographs available to the public for free through the U.S. Library of Congress, thereby exercising her exclusive rights under 17 U.S.C. § 106 to distribute copies of her copyrighted work to the public by sale or other transfer of ownership, and to authorize others to do so Now lo…

> did not transfer her copyright over to the Library of Congress to put the works in the public domain

This isn't a thing. There's no well-defined mechanism by which that could be done.

Re: Photographer Suing Getty Images for $1B

#112
post #96

Read the court filing. She can win this. She owns the rights to the images. She licensed the Library of Congress to distribute them for free, but did not release them into the public domain. Getty is selling her images. That's a for-profit DMCA violation. The statutory penalty applies, which is from $750 per image to $30,000 per image. She makes a case that the higher end of the scale should apply, because some of he…

The DMCA isn't the most important part here, the (classical) infringement itself is the big factor, because the images are under the photographer's exclusive copyright. Adding the DMCA claim of falsifying copyright information certainly helps her case though. Having said that, if it turns out that the library of congress is responsible for the infringements (because they published the images and labelled them incorre…

Youtube is required to police copyright, why not Getty?

Re: Photographer Suing Getty Images for $1B

#114

Earlier quoted context omitted.

The DMCA isn't the most important part here, the (classical) infringement itself is the big factor, because the images are under the photographer's exclusive copyright. Adding the DMCA claim of falsifying copyright information certainly helps her case though. Having said that, if it turns out that the library of congress is responsible for the infringements (because they published the images and labelled them incorre…

> Having said that, if it turns out that the library of congress is responsible for the infringements (because they published the images and labelled them incorrectly as being public domain) then Getty would be off the hook for infringement It seems to me that mislabeling wouldn't make the LoC legally responsible for the infringement, but might make Getty not liable for any infringement that happened entirely before…

Yes I definitely agree with this assessment. There's more than a few scenarios in which Getty unintentionally infringed but is still liable and will look to sue the third party which misled them.

Re: Photographer Suing Getty Images for $1B

#115

Earlier quoted context omitted.

The DMCA isn't the most important part here, the (classical) infringement itself is the big factor, because the images are under the photographer's exclusive copyright. Adding the DMCA claim of falsifying copyright information certainly helps her case though. Having said that, if it turns out that the library of congress is responsible for the infringements (because they published the images and labelled them incorre…

Youtube is required to police copyright, why not Getty?

> Youtube is required to police copyright

They do police copyright. Whether they are required to (other than as a contractual matter with certain owners) is a little more debatable.

Re: Photographer Suing Getty Images for $1B

#116
post #76
post #5

Isn't the problem here that she donated all her photos to the Library of Congress without clarifying what that meant? Apparently, the LoC thought that the photos were placed in the public domain, and the photographer thought she was retaining the copyrights. Also, why the hell is Getty charging for public domain photos? Are they not aware that people can use those without paying Getty?

The article doesn't seem to touch on why Getty thinks they own the rights to the images. I'll toss out a few possibilities: • Getty buys images from many people. Perhaps an unscrupulous individual bundled up a bunch of images from the library of congress, misrepresented their ownership, and sold them to Getty. (Bonus dickery to use a false identity so Getty can't find you to try to sue you back.) • Getty could have b…

Either of your explanations of negligence on Getty's behalf could be correct. IMO neither should mean they avoid the full charge for infringement/false attribution/fraud (whatever) for the attempt to sue people for using works Getty had no rights over.

Yes, it's fine they might have had a computer glitch that mislabelled things, yes they may have bought a batch of images with dodgy copyright/origin information.

But, at the point at which they instructed personnel to issue a demand notice for infringement there is no excuse for not first checking they actually owned the rights to the images in question. The deliberate avoidance of checking their rights prior to their negligent infringement demand - for a company whose raison d'etre is handling copyright and licensing of image - is well beyond the bounds of criminality. Ignoring the information presented to then that they were acting tortuously, makes for reckless infringement (at best) on a massive scale and should really be leading to personal criminal prosecutions for those who oversaw (or neglected to properly oversee) the creation of such systems.

The relevant investigatory powers should be inside Getty now looking to see if there is evidence that this was a known commercial practice of Getty to fraudulently misrepresent their ownership of other's copyright.

Re: Photographer Suing Getty Images for $1B

#117

Using some examples from the comments of the article: It's akin to Getty setting up a small tent inside of Central Park, and asking people that walk by to pay an entry fee. But Getty goes 1 step further: They hire strongarm guys to go around the park and tell people (one-on-one) that they skipped out on their 5 dollar entry fee and they can 'settle' with them right now or be taken to court. It's terrible. I can't ima…

"I can't imagine how to solve that without a total change of copyright laws" What? Sounds more like they are in flagrant violation of existing copyright laws, and deserve to get their head handed to them in court.

I suppose the point is that the current laws are difficult to enforce and the process is ripe for abuse.

Re: Photographer Suing Getty Images for $1B

#118

Using some examples from the comments of the article: It's akin to Getty setting up a small tent inside of Central Park, and asking people that walk by to pay an entry fee. But Getty goes 1 step further: They hire strongarm guys to go around the park and tell people (one-on-one) that they skipped out on their 5 dollar entry fee and they can 'settle' with them right now or be taken to court. It's terrible. I can't ima…

"I can't imagine how to solve that without a total change of copyright laws" What? Sounds more like they are in flagrant violation of existing copyright laws, and deserve to get their head handed to them in court.

I think they wanted to avoid the situation rather than punish it after the fact.

Re: Photographer Suing Getty Images for $1B

#119

Earlier quoted context omitted.

Don't know why this needs an analogy at all. Getty [allegedly] took images that didn't necessarily belong to them, charged for them, and also sent copyright notices after anyone that hadn't paid for them. It's pretty simple. edit: allegedly

The issue isn't really with Getty charging for those images. If they're in the public domain, then (as I understand it) the photographer has relinquished her copyright on the images. It's perfectly legal for other people to make money with them in that case, but that doesn't mean those other people own the copyright. I think the issue comes into play when Getty tries to enforce a copyright they don't actually own by…

From other sources, she licensed them for free use with attribution, she didn't abandon the copyright.

Re: Photographer Suing Getty Images for $1B

#120

Earlier quoted context omitted.

The DMCA isn't the most important part here, the (classical) infringement itself is the big factor, because the images are under the photographer's exclusive copyright. Adding the DMCA claim of falsifying copyright information certainly helps her case though. Having said that, if it turns out that the library of congress is responsible for the infringements (because they published the images and labelled them incorre…

> Having said that, if it turns out that the library of congress is responsible for the infringements (because they published the images and labelled them incorrectly as being public domain) then Getty would be off the hook for infringement It seems to me that mislabeling wouldn't make the LoC legally responsible for the infringement, but might make Getty not liable for any infringement that happened entirely before…

I wonder if they filed any DMCA claims over those images, though? The clause you attest to under penalty of perjury is that you represent the copyright holder of the works claimed to be infringed.

So if they sent her a DMCA of her own images, as one might assume based on what was said, then it could be interesting if that gets brought up in court.

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