A client forwarded a trip report and an image to her travel website. She should have suspected it was not the client's photo, but she unthinkingly posted it, and then took it down almost immediately when notified by Getty. She knew, and I knew, she had no legal defense, and tried to negotiated with Getty, but they demanded the full license fee for that image, which she paid. She did not do it purposely, but carelessly, but Getty treated it no differently from an intentional misuse.
I have heard from others that Getty is perhaps a bit over zealous in collecting fees and penalties, and some suspect it is not part of the company's business plan. Years ago, I posted images on a stock site, which was acquired by Getty, I received some small fees from the original site, but nothing after Getty took it over. That really doesn't surprise me, as the images were not that fantastic or useful to others. Dan Matyola http://www.pentaxphotogallery.com/danieljmatyola On Tue, Oct 24, 2017 at 10:55 AM, Stanley Halpin < [email protected]> wrote: > > > On Oct 23, 2017, at 9:51 AM, Daniel J. Matyola <[email protected]> > wrote: > > > > Getty is among those who profit from innocent use of their copyrighted > > images. > > > > A client of mine posted on her site an image forwarded to her by a > > customer, them was sued by Getty for having the image on her site for > less > > than two days. > > > > > > Dan Matyola > > http://www.pentaxphotogallery.com/danieljmatyola > > > > So, your client used an image on her site whose provenance she did not > know or question? I wouldn’t consider that “innocent use”, I would > consider it carelessness or stupidity. > > Getty is in the business of selling images. Of course they should sue for > misuse of their property, usage of their images without permission. They > are foolish if they do not protect the source of their income. They should > be able to profit from ANY use of their images, whether “innocent” or not. > Saying that they “profit from innocent use” paints a rather dark, and in my > opinion, a rather biased view of Getty. > > stan > > > -- > PDML Pentax-Discuss Mail List > [email protected] > http://pdml.net/mailman/listinfo/pdml_pdml.net > to UNSUBSCRIBE from the PDML, please visit the link directly above and > follow the directions. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
